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104TH CONGRESS
2D SESSION
H. R. 3460
To establish the Patent and Trademark Office as a Government corporation,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 15, 1996
Mr. MOORHEAD (for himself, Mrs. SCHROEDER, Mr. CONYERS, Mr. SENSEN-
BRENNER, Mr. COBLE, Mr. GOODLATTE, Mr. BERMAN, Mr. BOUCHER,
Mr. GALLEGLY, Mr. HOKE, Mr. NADLER, and Ms. LOFGREN) introduced
the following bill; which was referred to the Committee on the Judiciary
A BILL
To establish the Patent and Trademark Office as a
Government corporation, 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 ‘‘Inventor Rights Pro-
tection and Patent Reform Act of 1996’’.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—PATENT AND TRADEMARK OFFICE GOVERNMENT
CORPORATION
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Sec. 101. Short title.
Subtitle A—United States Patent and Trademark Office
Sec. 111. Establishment of Patent and Trademark Office as a Government cor-
poration.
Sec. 112. Powers and duties.
Sec. 113. Organization and management.
Sec. 114. Management Advisory Board.
Sec. 115. Conforming amendments.
Sec. 116. Trademark Trial and Appeal Board.
Sec. 117. Board of Patent Appeals and Interferences.
Sec. 118. Suits by and against the Office.
Sec. 119. Annual report of Commissioner.
Sec. 120. Suspension or exclusion from practice.
Sec. 121. Funding.
Sec. 122. Audits.
Sec. 123. Transfers.
Subtitle B—Effective Date; Technical Amendments
Sec. 131. Effective date.
Sec. 132. Technical and conforming amendments.
Subtitle C—Miscellaneous Provisions
Sec. 141. References.
Sec. 142. Exercise of authorities.
Sec. 143. Savings provisions.
Sec. 144. Transfer of assets.
Sec. 145. Delegation and assignment.
Sec. 146. Authority of Director of the Office of Management and Budget with
respect to functions transferred.
Sec. 147. Certain vesting of functions considered transfers.
Sec. 148. Availability of existing funds.
Sec. 149. Definitions.
TITLE II—EARLY PUBLICATION OF PATENT APPLICATIONS
Sec. 201. Short title.
Sec. 202. Early publication.
Sec. 203. Time for claiming benefit of earlier filing date.
Sec. 204. Provisional rights.
Sec. 205. Prior art effect of published applications.
Sec. 206. Cost recovery for publication.
Sec. 207. Conforming changes.
Sec. 208. Patent term extension authority.
Sec. 209. Examining procedure improvements; further limited reexamination of
patent applications.
Sec. 210. Last day of pendency of provisional application.
Sec. 211. Reporting requirement.
Sec. 212. Effective date.
TITLE III—PRIOR DOMESTIC COMMERCIAL USE
Sec. 301. Short title.
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Sec. 302. Defense to patent infringement based on prior domestic commercial
use.
Sec. 303. Effective date and applicability.
TITLE IV—INVENTOR PROTECTION
Sec. 401. Short title.
Sec. 402. Invention development services.
Sec. 403. Technical and conforming amendment.
Sec. 404. Effective date.
TITLE V—PATENT REEXAMINATION REFORM
Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Reexamination procedures.
Sec. 504. Conforming amendments.
Sec. 505. Effective date.
TITLE VI—MISCELLANEOUS PATENT PROVISIONS
Sec. 601. Provisional applications.
Sec. 602. International applications.
Sec. 603. Plant patents.
TITLE I—PATENT AND TRADE-
MARK OFFICE GOVERNMENT
CORPORATION
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Patent and Trade-
mark Office Government Corporation Act of 1996’’.
Subtitle A—United States Patent
and Trademark Office
SEC. 111. ESTABLISHMENT OF PATENT AND TRADEMARK
OFFICE AS A GOVERNMENT CORPORATION.
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 a wholly owned
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Government corporation subject to chapter 91 of title 31,
and shall be an agency of the United States under the
policy guidance of the Secretary of Commerce, except as
otherwise provided in this title. For purposes of internal
management, the United States Patent and Trademark
Office shall be a corporate body not subject to supervision
by any department, except as otherwise provided in this
title.
‘‘(b) OFFICES.—The United States 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 pur-
poses of venue in civil actions, to be a resident of the dis-
trict in which its principal office is located. The United
States Patent and Trademark Office may establish offices
in such other places as it considers necessary or 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’.’’.
SEC. 112. POWERS AND DUTIES.
Section 2 of title 35, United States Code, is amended
to read as follows:
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‘‘§ 2. Powers and Duties
‘‘(a) IN GENERAL.—The United States Patent and
Trademark Office 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, the admin-
istration of the Office, or any other function vested
in the Office by law, including programs to recog-
nize, identify, assess, and forecast the technology of
patented inventions and their utility to industry;
‘‘(3)(A) authorizing or conducting studies and
programs cooperatively with foreign patent and
trademark offices and international organizations, in
connection with the granting and issuing of patents
and the registration of trademarks; and
‘‘(B) with the concurrence of the Secretary of
State, authorizing 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 related
matters; and
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‘‘(4) disseminating to the public information
with respect to patents and trademarks.
The special payments under paragraph (3)(B) may be in
addition to any other payments or contributions to inter-
national organizations described in paragraph (3)(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.
‘‘(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, subject to the
provisions of section 8;
‘‘(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;
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‘‘(5) may adopt, amend, and repeal bylaws,
rules, regulations, and determinations, which—
‘‘(A) shall govern the manner in which its
business will be conducted and the powers
granted to it by law will be exercised;
‘‘(B) shall be made after notice and oppor-
tunity for full participation by interested public
and private parties;
‘‘(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; and
‘‘(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
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prosecution of their applications or other busi-
ness before the Office;
‘‘(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;
‘‘(7)(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 and following), the Public
Buildings Act (40 U.S.C. 601 and following), and
the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11301 and following); 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-
gard to sections 501 through 517 and 1101 through
1123 of title 44;
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‘‘(8) 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;
‘‘(9) may obtain from the Administrator of
General Services such services as the Administrator
is authorized to provide to other agencies of the
United States, on the same basis as those services
are provided to other agencies of the United States;
‘‘(10) may use, with the consent of the United
States and the agency, government, or international
organization concerned, the services, records, facili-
ties, or personnel of any State or local government
agency or instrumentality or foreign government or
international organization to perform functions on
its behalf;
‘‘(11) may determine the character of and the
necessity for its obligations and expenditures and
the manner in which they shall be incurred, allowed,
and paid, subject to the provisions of this title and
the Act of July 5, 1946 (commonly referred to as
the ‘Trademark Act of 1946’);
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‘‘(12) 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, including for
research and development and capital investment,
subject to the provisions of section 10101 of the
Omnibus Budget Reconciliation Act of 1980 (35
U.S.C. 41 note);
‘‘(13) shall have the priority of the United
States with respect to the payment of debts from
bankrupt, insolvent, and decedents’ estates;
‘‘(14) may accept monetary gifts or donations
of services, or of real, personal, or mixed property,
in order to carry out the functions of the Office;
‘‘(15) may execute, in accordance with its by-
laws, rules, and regulations, all instruments nec-
essary and appropriate in the exercise of any of its
powers;
‘‘(16) may provide for liability insurance and
insurance against any loss in connection with its
property, other assets, or operations either by con-
tract or by self-insurance; and
‘‘(17) shall pay any settlement or judgment en-
tered against it from the funds of the Office and not
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from amounts available under section 1304 of title
31.’’.
SEC. 113. ORGANIZATION AND MANAGEMENT.
Section 3 of title 35, United States Code, is amended
to read as follows:
‘‘§ 3. Officers and employees
‘‘(a) COMMISSIONER.—
‘‘(1) IN
GENERAL.—The management of the
United States Patent and Trademark Office shall be
vested in a Commissioner of Patents and Trade-
marks (hereafter in this title referred to as the
‘Commissioner’), 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 Commissioner shall be a person who, by reason
of professional background and experience in patent
or trademark law, is especially qualified to manage
the Office.
‘‘(2) DUTIES.—
‘‘(A) IN
GENERAL.—The Commissioner
shall be responsible for the management and di-
rection of the Office, including the issuance of
patents and the registration of trademarks, and
shall perform these duties in a fair, impartial,
and equitable manner.
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‘‘(B) ADVISING
THE
PRESIDENT.—The
Commissioner 
shall 
advise 
the 
President,
through the Secretary of Commerce, of all ac-
tivities of the Office undertaken in response to
obligations of the United States under treaties
and executive agreements, or which relate to co-
operative programs with those authorities of
foreign governments that are responsible for
granting patents, registering trademarks, or
other intellectual property rights. The Commis-
sioner shall also recommend to the President,
through the Secretary of Commerce, changes in
law or policy which may improve the ability of
United States citizens to secure and enforce
patent rights, trademark rights, or other intel-
lectual property rights in the United States or
in foreign countries.
‘‘(C) CONSULTING
WITH
THE
MANAGE-
MENT
ADVISORY
BOARD.—The Commissioner
shall consult with the Management Advisory
Board established in section 5 on a regular
basis on matters relating to the operation of the
Office, and shall consult with the Board before
submitting budgetary proposals to the Office of
Management and Budget or changing or pro-
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posing to change patent or trademark user fees
or patent or trademark regulations.
‘‘(D) SECURITY CLEARANCES.—The Com-
missioner, in consultation with the Director of
the Office of Personnel Management, shall
maintain a program for identifying national se-
curity positions and providing for appropriate
security clearances.
‘‘(3) TERM.—The Commissioner shall serve a
term of 5 years, and may continue to serve after the
expiration of the Commissioner’s term until a suc-
cessor is appointed and assumes office. The Com-
missioner may be reappointed to subsequent terms.
‘‘(4) OATH.—The Commissioner shall, before
taking office, take an oath to discharge faithfully the
duties of the Office.
‘‘(5) COMPENSATION.—The Commissioner shall
receive compensation at the rate of pay in effect for
level II of the Executive Schedule under section
5313 of title 5.
‘‘(6) REMOVAL.—The Commissioner may be re-
moved from office by the President only for cause.
‘‘(7) DESIGNEE OF COMMISSIONER.—The Com-
missioner shall designate an officer of the Office who
shall be vested with the authority to act in the ca-
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pacity of the Commissioner in the event of the ab-
sence or incapacity of the Commissioner.
‘‘(b) OFFICERS AND EMPLOYEES OF THE OFFICE.—
‘‘(1) DEPUTY COMMISSIONERS.—The Commis-
sioner shall appoint a Deputy Commissioner for Pat-
ents and a Deputy Commissioner for Trademarks
for terms that shall expire on the date on which the
Commissioner’s term expires. The Deputy Commis-
sioner for Patents shall be a person with dem-
onstrated experience in patent law and the Deputy
Commissioner for Trademarks shall be a person with
demonstrated experience in trademark law. The
Deputy Commissioner for Patents and the Deputy
Commissioner for Trademarks shall be the principal
policy and management advisors to the Commis-
sioner on all aspects of the activities of the Office
that affect the administration of patent and trade-
mark operations, respectively.
‘‘(2) OTHER OFFICERS AND EMPLOYEES.—The
Commissioner shall—
‘‘(A) appoint an Inspector General and
such other officers, employees (including attor-
neys), and agents of the Office as the Commis-
sioner considers necessary to carry out its func-
tions;
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‘‘(B) fix the compensation of such officers
and employees, except as provided in subsection
(e); and
‘‘(C) define the authority and duties of
such officers and employees and delegate to
them such of the powers vested in the Office as
the Commissioner may determine.
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.
‘‘(c) LIMITS ON COMPENSATION.—Except as other-
wise provided by law, the annual rate of basic pay of an
officer or employee of the Office may not be fixed at a
rate that exceeds, and total compensation payable to any
such officer or employee for any year may not exceed, the
annual rate of basic pay in effect for the Commissioner
for the year involved. The Commissioner shall prescribe
such regulations as may be necessary to carry out this
subsection.
‘‘(d) INAPPLICABILITY OF TITLE 5 GENERALLY.—
Except as otherwise provided in this section, officers and
employees of the Office shall not be subject to the provi-
sions of title 5 relating to Federal employees.
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‘‘(e) CONTINUED APPLICABILITY OF CERTAIN PRO-
VISION OF TITLE 5.—
‘‘(1) IN GENERAL.—The following provisions of
title 5 shall apply to the Office and its officers and
employees:
‘‘(A) Section 3110 (relating to employment
of relatives; restrictions).
‘‘(B) Subchapter II of chapter 55 (relating
to withholding pay).
‘‘(C) Subchapter II of chapter 73 (relating
to employment limitations).
‘‘(D) Chapter 71 (relating to labor-man-
agement relations), subject to paragraph (2)
and subsection (g).
‘‘(2) COMPENSATION SUBJECT TO COLLECTIVE
BARGAINING.—
‘‘(A) IN GENERAL.—Notwithstanding any
other provision of law, for purposes of applying
chapter 71 of title 5 pursuant to paragraph
(1)(D), basic pay and other forms of compensa-
tion shall be considered to be among the mat-
ters as to which the duty to bargain in good
faith extends under such chapter.
‘‘(B) EXCEPTIONS.—The duty to bargain
in good faith shall not, by reason of subpara-
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graph (A), be considered to extend to any bene-
fit under title 5 which is afforded by paragraph
(1), (2), (3), or (4) of subsection (f).
‘‘(C) LIMITATIONS
APPLY.—Nothing in
this subsection shall be considered to allow any
limitation under subsection (c) to be exceeded.
‘‘(f) PROVISIONS OF TITLE 5 RELATING TO CERTAIN
BENEFITS.—
‘‘(1) RETIREMENT.—(A) Officers and employ-
ees of the Office shall not become ineligible to par-
ticipate in the retirement program under subchapter
III of chapter 83 or under chapter 84 of title 5 by
reason of subsection (d).
‘‘(B)(i) The amount required of the Office
under the second sentence of section 8334(a)(1) of
title 5 with respect to any particular individual shall,
instead of the amount which would otherwise apply,
be equal to the normal-cost percentage (determined
with respect to officers and employees of the Office
using dynamic assumptions, as defined by section
8401(9) of such title) of the individual’s basic pay,
minus the amount required to be withheld from such
pay under such section 8334(a)(1).
‘‘(ii) The amount required of the Office under
section 8334(k)(1)(B) of title 5 with respect to any
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particular individual shall be equal to an amount
computed in a manner similar to that specified in
clause (i), as determined in accordance with clause
(iii).
‘‘(iii) Any regulations necessary to carry out
this subparagraph shall be prescribed by the Office
of Personnel Management.
‘‘(C) The United States Patent and Trademark
Office may supplement the benefits provided under
the preceding provisions of this paragraph.
‘‘(2) HEALTH BENEFITS.—(A) Officers and em-
ployees of the Office shall not become ineligible to
participate in the health benefits program under
chapter 89 of title 5 by reason of subsection (d).
‘‘(B)(i) With respect to any individual who be-
comes an officer or employee of the Office pursuant
to subsection (h), the eligibility of such individual to
participate in such program as an annuitant (or of
any other person to participate in such program as
an annuitant based on the death of such individual)
shall be determined disregarding the requirements of
section 8905(b) of title 5. The preceding sentence
shall not apply if the individual ceases to be an offi-
cer or employee of the Office for any period of time
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after becoming an officer or employee of the Office
pursuant to subsection (h) and before separation.
‘‘(ii) The Government contributions authorized
by section 8906 for health benefits for anyone par-
ticipating in the health benefits program pursuant to
this subparagraph shall be made by the Office in the
same manner as provided under section 8906(g)(2)
of title 5 with respect to the United States Postal
Service for individuals associated therewith.
‘‘(iii) For purposes of this subparagraph, the
term ‘annuitant’ has the meaning given such term
by section 8901(3) of title 5.
‘‘(C) The Office may supplement the benefits
provided under the preceding provisions of this para-
graph.
‘‘(3) LIFE INSURANCE.—(A) Officers and em-
ployees of the Office shall not become ineligible to
participate in the life insurance program under
chapter 87 of title 5 by reason of subsection (d).
‘‘(B)(i) Eligibility for life insurance coverage
after retirement or while in receipt of compensation
under subchapter I of chapter 81 of title 5 shall be
determined, in the case of any individual who be-
comes an officer or employee of the Office pursuant
to subsection (h), without regard to the require-
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ments of section 8706(b) (1) or (2), but subject to
the condition specified in the last sentence of para-
graph (2)(B)(i) of this subsection.
‘‘(ii) Government contributions under section
8708(d) on behalf of any such individual shall be
made by the Office in the same manner as provided
under paragraph (3) thereof with respect to the
United States Postal Service for individuals associ-
ated therewith.
‘‘(C) The Office may supplement the benefits
provided under the preceding provisions of this para-
graph.
‘‘(4) EMPLOYEES’ COMPENSATION FUND.—(A)
Officers and employees of the Office shall not be-
come ineligible to participate in the program under
chapter 89 of title 5, relating to compensation for
work injuries, by reason of subsection (d).
‘‘(B) The Office shall remain responsible for re-
imbursing the Employees’ Compensation Fund, pur-
suant to section 8147 of title 5, for compensation
paid or payable after the effective date of the Patent
and Trademark Office Government Corporation Act
of 1996 in accordance with chapter 81 of title 5 with
regard to any injury, disability, or death due to
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events arising before such date, whether or not a
claim has been filed or is final on such date.
‘‘(g) LABOR-MANAGEMENT RELATIONS.—
‘‘(1) LABOR RELATIONS AND EMPLOYEE RELA-
TIONS PROGRAMS.—The Office shall develop labor
relations and employee relations programs with the
objective of improving productivity and efficiency, in-
corporating the following principles:
‘‘(A) Such programs shall be consistent
with the merit principles in section 2301(b) of
title 5.
‘‘(B) Such programs shall provide veterans
preference protections equivalent to those estab-
lished by sections 2108, 3308–3318, and 3320
of title 5.
‘‘(C)(i) The right to work shall not be sub-
ject to undue restraint or coercion. The right to
work shall not be infringed or restricted in any
way based on membership in, affiliation with, or
financial support of a labor organization.
‘‘(ii) No person shall be required, as a con-
dition of employment or continuation of employ-
ment—
‘‘(I) to resign or refrain from vol-
untary membership in, voluntary affiliation
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with, or voluntary financial support of a
labor organization;
‘‘(II) to become or remain a member
of a labor organization;
‘‘(III) to pay any dues, fees, assess-
ments, or other charges of any kind or
amount to a labor organization;
‘‘(IV) to pay to any charity or other
third party, in lieu of such payments, any
amount equivalent to or a pro-rata portion
of dues, fees, assessments, or other charges
regularly required of members of a labor
organization; or
‘‘(V) to be recommended, approved,
referred, or cleared by or through a labor
organization.
‘‘(iii) This subparagraph shall not apply to
a person described in section 7103(a)(2)(v) of
title 5 or a ‘supervisor’, ‘management official’,
or ‘confidential employee’ as those terms are
defined in 7103(a)(10), (11), and (13) of such
title.
‘‘(iv) Any labor organization recognized by
the Office as the exclusive representative of a
unit of employees of the Office shall represent
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the interests of all employees in that unit with-
out discrimination and without regard to labor
organization membership.
‘‘(2) 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 Govern-
ment Corporation Act of 1996, with respect to such
Office (as then in effect).
‘‘(h) CARRYOVER OF PERSONNEL.—
‘‘(1) FROM PTO.—Effective as of the effective
date of the Patent and Trademark Office Govern-
ment Corporation Act of 1996, all officers and em-
ployees of the Patent and Trademark Office on the
day before such effective date shall become officers
and employees of the Office, without a break in serv-
ice.
‘‘(2) OTHER PERSONNEL.—Any individual who,
on the day before the effective date of the Patent
and Trademark Office Government Corporation Act
of 1996, is an officer or employee of the Department
of Commerce (other than an officer or employee
under paragraph (1)) shall be transferred to the Of-
fice if—
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‘‘(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 Commis-
sioner of Patents and Trademarks.
Any transfer under this paragraph shall be effective
as of the same effective date as referred to in para-
graph (1), and shall be made without a break in
service.
‘‘(3) ACCUMULATED
LEAVE.—The amount of
sick and annual leave and compensatory time accu-
mulated under title 5 before the effective date de-
scribed in paragraph (1), by those becoming officers
or employees of the Office pursuant to this sub-
section, are obligations of the Office.
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‘‘(4) TERMINATION RIGHTS.—Any employee re-
ferred to in paragraph (1) or (2) of this subsection
whose employment with the Office is terminated
during the 2-year period beginning on the effective
date of the Patent and Trademark Office Govern-
ment Corporation Act of 1996 shall be entitled to
rights and benefits, to be afforded by the Office,
similar to those such employee would have had
under Federal law if termination had occurred im-
mediately before such date. An employee who would
have been entitled to appeal any such termination to
the Merit Systems Protection Board, if such termi-
nation had occurred immediately before such effec-
tive date, may appeal any such termination occur-
ring within this 2-year period to the Board under
such procedures as it may prescribe.
‘‘(5) CONTINUATION
IN
OFFICE
OF
CERTAIN
OFFICERS.—(A) The individual serving as the Com-
missioner of Patents and Trademarks on the day be-
fore the effective date of the Patent and Trademark
Office Government Corporation Act of 1996 may
serve as the Commissioner until the date on which
a Commissioner is appointed under subsection (a).
‘‘(B) The individual serving as the Assistant
Commissioner for Patents on the day before the ef-
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fective date of the Patent and Trademark Office
Government Corporation Act of 1996 may serve as
the Deputy Commissioner for Patents until the date
on which a Deputy Commissioner for Patents is ap-
pointed under subsection (b).
‘‘(C) The individual serving as the Assistant
Commissioner for Trademarks on the day before the
effective date of the Patent and Trademark Office
Government Corporation Act of 1996 may serve as
the Deputy Commissioner for Trademarks until the
date on which a Deputy Commissioner for Trade-
marks is appointed under subsection (b).
‘‘(i) COMPETITIVE STATUS.—For purposes of ap-
pointment to a position in the competitive service for
which an officer or employee of the Office is qualified,
such officer or employee shall not forfeit any competitive
status, acquired by such officer or employee before the ef-
fective date of the Patent and Trademark Office Govern-
ment Corporation Act of 1996, by reason of becoming an
officer or employee of the Office pursuant to subsection
(h).
‘‘(j) SAVINGS PROVISIONS.—
‘‘(1) IN
GENERAL.—Compensation, benefits,
and other terms and conditions of employment in ef-
fect immediately before the effective date of the Pat-
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ent and Trademark Office Government Corporation
Act of 1996, whether provided by statute or by rules
and regulations of the former Patent and Trade-
mark Office or the executive branch of the Govern-
ment of the United States, shall continue to apply
to officers and employees of the Office, until
changed in accordance with this section (whether by
action of the Commissioner or otherwise).
‘‘(2) PROVISIONS
SPECIFIC
TO
BASIC
PAY.—
With respect to any individual who becomes an offi-
cer or employee of the Office pursuant to subsection
(h), the rate of basic pay for such officer or em-
ployee may not, on or after the effective date of the
Patent and Trademark Office Government Corpora-
tion Act of 1996, be less than the rate in effect im-
mediately before such effective date, except—
‘‘(A) pursuant to a collective-bargaining
agreement entered into under this section; or
‘‘(B) for inefficiency, neglect of duty, or
misconduct, on the part of such individual.
For purposes of this subparagraph, the term ‘basic
pay’ includes any amount considered to be part of
basic pay for purposes of subchapter III of chapter
83 or chapter 84 of title 5.
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‘‘(k) REMOVAL OF QUASI-JUDICIAL EXAMINERS.—
The Office may remove a patent examiner or examiner-
in-chief, or a trademark examiner or member of a Trade-
mark Trial and Appeal Board, only for such cause as will
promote the efficiency of the Office.’’.
SEC. 114. MANAGEMENT ADVISORY BOARD.
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 Management Advi-
sory Board
‘‘(a) ESTABLISHMENT OF MANAGEMENT ADVISORY
BOARD.—
‘‘(1) APPOINTMENT.—The United States Pat-
ent and Trademark Office shall have a Management
Advisory Board (hereafter in this title referred to as
the ‘Board’) of 12 members, 4 of whom shall be ap-
pointed by the President, 4 of whom shall be ap-
pointed by the Speaker of the House of Representa-
tives, and 4 of whom shall be appointed by the
President pro tempore of the Senate. Not more than
3 of the 4 members appointed by each appointing
authority shall be members of the same political
party.
‘‘(2) TERMS.—Members of the Board shall be
appointed for a term of 4 years each, except that of
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the members first appointed by each appointing au-
thority, 1 shall be for a term of 1 year, 1 shall be
for a term of 2 years, and 1 shall be for a term of
3 years. No member may serve more than 1 term.
‘‘(3) CHAIR.—The President shall designate the
chair of the Board, whose term as chair shall be for
3 years.
‘‘(4) TIMING
OF
APPOINTMENTS.—Initial ap-
pointments to the Board shall be made within 3
months after the effective date of the Patent and
Trademark Office Government Corporation Act of
1996, and vacancies shall be filled within 3 months
after they occur.
‘‘(5) VACANCIES.—Vacancies shall be filled in
the manner in which the original appointment was
made under this subsection. Members appointed to
fill a vacancy occurring before the expiration of the
term for which the member’s predecessor was ap-
pointed shall be appointed only for the remainder of
that term. A member may serve after the expiration
of that member’s term until a successor is ap-
pointed.
‘‘(6) COMMITTEES.—The Chair shall designate
members of the Board to serve on a committee on
patent operations and on a committee on trademark
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operations to perform the duties set forth in sub-
section (e) as they relate specifically to the Office’s
patent operations, and the Office’s trademark oper-
ations, respectively.
‘‘(b) BASIS FOR APPOINTMENTS.—Members of the
Board shall be citizens of the United States who shall be
chosen so as to represent the interests of diverse users
of the United States Patent and Trademark Office, and
shall include individuals with substantial background and
achievement in corporate finance and management.
‘‘(c) APPLICABILITY OF CERTAIN ETHICS LAWS.—
Members of the Board shall be special Government em-
ployees within the meaning of section 202 of title 18.
‘‘(d) MEETINGS.—The Board shall meet at the call
of the chair to consider an agenda set by the chair.
‘‘(e) DUTIES.—The Board shall—
‘‘(1) review the policies, goals, performance,
budget, and user fees of the United States Patent
and Trademark Office, and advise the Commissioner
on these matters; and
‘‘(2) within 60 days after the end of each fiscal
year, prepare an annual report on the matters re-
ferred to in paragraph (1), transmit the report to
the President and the Committees on the Judiciary
of the Senate and the House of Representatives, and
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publish the report in the Patent and Trademark Of-
fice Official Gazette.
‘‘(f) COMPENSATION.—Members of the Board shall
be compensated for each day (including travel time) dur-
ing which they are attending meetings or conferences of
the Board or otherwise engaged in the business of the
Board, 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, and while away
from their homes or regular places of business they may
be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5.
‘‘(g) ACCESS
TO INFORMATION.—Members of the
Board shall be provided access to records and information
in the United States Patent and Trademark Office, except
for personnel or other privileged information and informa-
tion concerning patent applications required to be kept in
confidence by section 122.’’.
SEC. 115. CONFORMING AMENDMENTS.
(a) DUTIES OF COMMISSIONER.—Section 6 of title
35, United States Code, and the item relating to such sec-
tion in the table of contents for chapter 1 of title 35, Unit-
ed States Code, are repealed.
(b) REGULATIONS FOR AGENTS AND ATTORNEYS.—
Section 31 of title 35, United States Code, and the item
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relating to such section in the table of contents for chapter
3 of title 35, United States Code, are repealed.
SEC. 116. 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 Commissioner shall give notice to all parties and
shall direct a Trademark Trial and Appeal Board to deter-
mine and decide the respective rights of registration.
‘‘(b) The Trademark Trial and Appeal Board shall
include the Commissioner, the Deputy Commissioner for
Patents, the Deputy Commissioner for Trademarks, and
members competent in trademark law who are appointed
by the Commissioner.’’.
SEC. 117. BOARD OF PATENT APPEALS AND INTER-
FERENCES.
Section 7 of title 35, United States Code, is amended
to read as follows:
‘‘§ 7. 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
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Commissioner, the Deputy Commissioner for Patents, the
Deputy Commissioner for Trademarks, and the examin-
ers-in-chief shall constitute the Board. The examiners-in-
chief shall be persons of competent legal knowledge and
scientific ability.
‘‘(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
Commissioner. Only the Board of Patent Appeals and
Interferences may grant rehearings.’’.
SEC. 118. SUITS BY AND AGAINST THE OFFICE.
Chapter 1 of part I of title 35, United States Code,
is amended—
(1) by redesignating sections 8 through 14 as
sections 9 through 15; and
(2) by inserting after section 7 the following
new section:
‘‘§ 8. Suits by and against the Office
‘‘(a) IN GENERAL.—
‘‘(1) ACTIONS UNDER UNITED STATES LAW.—
Any civil action or proceeding to which the United
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States Patent and Trademark Office is a party is
deemed to arise under the laws of the United States.
The Federal courts shall have exclusive jurisdiction
over all civil actions by or against the Office.
‘‘(2) CONTRACT CLAIMS.—Any action or pro-
ceeding against the Office in which any claim is cog-
nizable under the Contract Disputes Act of 1978 (41
U.S.C. 601 and following) shall be subject to that
Act. For purposes of that Act, the Commissioner
shall be deemed to be the agency head with respect
to contract claims arising with respect to the Office.
Any other action or proceeding against the Office
founded upon contract may be brought in an appro-
priate district court, notwithstanding any provision
of title 28.
‘‘(3) TORT CLAIMS.—(A) Any action or pro-
ceeding against the Office in which any claim is cog-
nizable under the provisions of section 1346(b) and
chapter 171 of title 28, shall be governed by those
provisions.
‘‘(B) Any other action or proceeding against the
Office founded upon tort may be brought in an ap-
propriate district court without regard to the provi-
sions of section 1346(b) and chapter 171 of title 28.
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‘‘(4) PROHIBITION
ON
ATTACHMENT, LIENS,
ETC.—No attachment, garnishment, lien, or similar
process, intermediate or final, in law or equity, may
be issued against property of the Office.
‘‘(5) SUBSTITUTION
OF
OFFICE
AS
PARTY.—
The Office shall be substituted as defendant in any
civil action or proceeding against an officer or em-
ployee of the Office, if the Office determines that the
officer or employee was acting within the scope of
his or her employment with the Office. If the Office
refuses to certify scope of employment, the officer or
employee may at any time before trial petition the
court to find and certify that the officer or employee
was acting within the scope of his or her employ-
ment. Upon certification by the court, the Office
shall be substituted as the party defendant. A copy
of the petition shall be served upon the Office. In
any such civil action or proceeding to which para-
graph (3)(A) applies, the provisions of section
1346(b) and chapter 171 of title 28 shall apply in
lieu of this paragraph.
‘‘(b) RELATIONSHIP WITH JUSTICE DEPARTMENT.—
‘‘(1) EXERCISE BY OFFICE OF ATTORNEY GEN-
ERAL’S AUTHORITIES.—Except as provided in this
section, with respect to any action or proceeding in
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which the Office is a party or an officer or employee
thereof is a party in his or her official capacity, the
Office, officer, or employee may exercise, without
prior authorization from the Attorney General, the
authorities and duties that otherwise would be exer-
cised by the Attorney General on behalf of the Of-
fice, officer, or employee under title 28 or other
laws.
‘‘(2) APPEARANCES BY ATTORNEY GENERAL.—
Notwithstanding paragraph (1), at any time the At-
torney General may, in any action or proceeding de-
scribed in paragraph (1), file an appearance on be-
half of the Office or the officer or employee involved,
without the consent of the Office or the officer or
employee. Upon such filing, the Attorney General
shall represent the Office or such officer or employee
with exclusive authority in the conduct, settlement,
or compromise of that action or proceeding.
‘‘(3) CONSULTATIONS
WITH
AND
ASSISTANCE
BY ATTORNEY GENERAL.—The Office may consult
with the Attorney General concerning any legal mat-
ter, and the Attorney General shall provide advice
and assistance to the Office, including representing
the Office in litigation, if requested by the Office.
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‘‘(4) 
REPRESENTATION
BEFORE
SUPREME
COURT.—The Attorney General shall represent the
Office in all cases before the United States Supreme
Court.
‘‘(5) QUALIFICATIONS OF ATTORNEYS.—An at-
torney admitted to practice to the bar of the highest
court of at least one State in the United States or
the District of Columbia and employed by the Office
may represent the Office in any legal proceeding in
which the Office or an officer or employee of the Of-
fice is a party or interested, regardless of whether
the attorney is a resident of the jurisdiction in which
the proceeding is held and notwithstanding any
other prerequisites of qualification or appearance re-
quired by the court or administrative body before
which the proceeding is conducted.’’.
SEC. 119. ANNUAL REPORT OF COMMISSIONER.
Section 15 of title 35, United States Code, as redesig-
nated by section 118 of this Act, is amended to read as
follows:
‘‘§ 15. Annual report to Congress
‘‘The Commissioner shall report to the Congress, not
later than 180 days after the end of each fiscal year, the
moneys received and expended by the Office, the purposes
for which the moneys were spent, the quality and quantity
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of the work of the Office, and other information relating
to the Office. The report under this section shall also meet
the requirements of section 9106 of title 31, to the extent
that such requirements are not inconsistent with the pre-
ceding sentence. The report required under this section
shall be deemed to be the report of the United States Pat-
ent and Trademark Office under section 9106 of title 31,
and the Commissioner shall not file a separate report
under such section.’’.
SEC. 120. 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
Commissioner shall have the discretion to designate any
attorney who is an officer or employee of the United
States Patent and Trademark Office to conduct the hear-
ing required by this section.’’.
SEC. 121. FUNDING.
Section 42 of title 35, United States Code, is amend-
ed to read as follows:
‘‘§ 42. Patent and Trademark Office funding
‘‘(a) FEES PAYABLE TO THE OFFICE.—All fees for
services performed by or materials furnished by the Unit-
ed States Patent and Trademark Office shall be payable
to the Office.
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‘‘(b) USE OF MONEYS.—Moneys of the United States
Patent and Trademark Office not otherwise used to carry
out the functions of the Office shall be kept in cash on
hand or on deposit, or invested in obligations of the United
States or guaranteed by the United States, or in obliga-
tions or other instruments which are lawful investments
for fiduciary, trust, or public funds. Fees available to the
Commissioner under this title shall be used for the proc-
essing of patent applications and for other services and
materials relating to patents. Fees available to the Com-
missioner under section 31 of the Act of July 5, 1946
(commonly referred to as the ‘Trademark Act of 1946’;
15 U.S.C. 1113), shall be used for the processing of trade-
mark registrations and for other services and materials
relating to trademarks.
‘‘(c) BORROWING AUTHORITY.—The United States
Patent and Trademark Office is authorized to issue from
time to time for purchase by the Secretary of the Treasury
its debentures, bonds, notes, and other evidences of in-
debtedness (hereafter in this subsection referred to as ‘ob-
ligations’) to assist in financing its activities. Any borrow-
ing under this subsection shall be repaid only from fees
paid to the Office and surcharges appropriated by the
Congress. Such obligations shall be redeemable at the op-
tion of the Office before maturity in the manner stipulated
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in such obligations and shall have such maturity as is de-
termined by the Office with the approval of the Secretary
of the Treasury. Each such obligation issued to the Treas-
ury shall bear interest at a rate not less than the current
yield on outstanding marketable obligations of the United
States of comparable maturity during the month preced-
ing the issuance of the obligation as determined by the
Secretary of the Treasury. The Secretary of the Treasury
shall purchase any obligations of the Office issued under
this subsection and for such purpose the Secretary of the
Treasury is authorized to use as a public-debt transaction
the proceeds of any securities issued under chapter 31 of
title 31, and the purposes for which securities may be is-
sued under that chapter are extended to include such pur-
pose. Payment under this subsection of the purchase price
of such obligations of the United States Patent and Trade-
mark Office shall be treated as public debt transactions
of the United States.’’.
SEC. 122. AUDITS.
Chapter 4 of part I of title 35, United States Code,
is amended by adding at the end the following new section:
‘‘§ 43. Audits
‘‘(a) IN GENERAL.—Financial statements of the
United States Patent and Trademark Office shall be pre-
pared on an annual basis in accordance with generally ac-
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cepted accounting principles. Such statements shall be au-
dited by an independent certified public accountant chosen
by the Commissioner. The audit shall be conducted in ac-
cordance with standards that are consistent with generally
accepted Government auditing standards and other stand-
ards established by the Comptroller General, and with the
generally accepted auditing standards of the private sec-
tor, to the extent feasible. The Commissioner shall trans-
mit to the Committees on the Judiciary of the House of
Representatives and the Senate the results of each audit
under this subsection.
‘‘(b) REVIEW
BY COMPTROLLER GENERAL.—The
Comptroller General may review any audit of the financial
statement of the Patent and Trademark Office that is con-
ducted under subsection (a). The Comptroller General
shall report to the Congress and the Office the results of
any such review and shall include in such report appro-
priate recommendations.
‘‘(c) AUDIT
BY
COMPTROLLER
GENERAL.—The
Comptroller General may audit the financial statements
of the Office and such audit shall be in lieu of the audit
required by subsection (a). The Office shall reimburse the
Comptroller General for the cost of any audit conducted
under this subsection.
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‘‘(d) ACCESS TO OFFICE RECORDS.—All books, fi-
nancial records, report files, memoranda, and other prop-
erty that the Comptroller General deems necessary for the
performance of any audit shall be made available to the
Comptroller General.
‘‘(e) APPLICABILITY IN LIEU OF TITLE 31 PROVI-
SIONS.—This section applies to the Office in lieu of the
provisions of section 9105 of title 31.’’.
SEC. 123. TRANSFERS.
(a) TRANSFER OF FUNCTIONS.—Except as otherwise
provided in this title, there are transferred to, and vested
in, the United States Patent and Trademark Office all
functions, powers, and duties vested by law in the Sec-
retary of Commerce or the Department of Commerce or
in the officers or components in the Department of Com-
merce with respect to the authority to grant patents and
register trademarks, and in the Patent and Trademark
Office, as in effect on the day before the effective date
of this title, and in the officers and components of such
Office.
(b) TRANSFER
OF FUNDS
AND PROPERTY.—The
Secretary of Commerce shall transfer to the United States
Patent and Trademark Office, on the effective date of this
title, so much of the assets, liabilities, contracts, property,
records, and unexpended and unobligated balances of ap-
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propriations, authorizations, allocations, and other funds
employed, held, used, arising from, available to, or to be
made available to the Department of Commerce, including
funds set aside for accounts receivable which are related
to functions, powers, and duties which are vested in the
Patent and Trademark Office by this title.
Subtitle B—Effective Date;
Technical Amendments
SEC. 131. 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. 132. 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.’’.
(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 contents 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.’’
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(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 patents.
‘‘5. Patent and Trademark Office Management Advisory Board.
‘‘6. Duties of Commissioner.
‘‘7. Board of Patent Appeals and Interferences.
‘‘8. Suits by and against the Office.
‘‘9. Library.
‘‘10. Classification of patents.
‘‘11. Certified copies of records.
‘‘12. Publications.
‘‘13. Exchange of copies of patents with foreign countries.
‘‘14. Copies of patents for public libraries.
‘‘15. Annual report to Congress.’’.
(5) The table of contents for chapter 4 of part
I of title 35, United States Code, is amended by
adding at the end the following new item:
‘‘43. Audits.’’.
(b) OTHER PROVISIONS OF LAW.—
(1) Section 9101(3) of title 31, United States
Code, is amended by adding at the end the follow-
ing:
‘‘(O) the United States Patent and Trade-
mark Office.’’.
(2) Section 500(e) of title 5, United States
Code, is amended by striking ‘‘Patent Office’’ and
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inserting ‘‘United States Patent and Trademark Of-
fice’’.
(3) Section 5102(c)(23) of title 5, United
States Code, is amended by striking ‘‘Patent and
Trademark Office, Department of Commerce’’ and
inserting ‘‘United States Patent and Trademark Of-
fice’’.
(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 12 of the Act of February 14, 1903
(15 U.S.C. 1511) is amended by striking ‘‘(d) Pat-
ent and Trademark Office;’’ and redesignating sub-
sections (a) through (g) as paragraphs (1) through
(6), respectively.
(6) 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’’.
(7) 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
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and Trademark Office of the Department of Com-
merce’’ and inserting ‘‘United States Patent and
Trademark Office’’.
(8) Section 105(e) of the Federal Alcohol Ad-
ministration Act (27 U.S.C. 205(e)) is amended by
striking ‘‘United States Patent Office’’ and inserting
‘‘United States Patent and Trademark Office’’.
(9) Section 1744 of title 28, United States
Code is amended—
(A) by striking ‘‘Patent Office’’ each place
it appears and inserting ‘‘United States Patent
and Trademark Office’’; and
(B) by striking ‘‘Commissioner of Patents’’
and inserting ‘‘Commissioner of Patents and
Trademarks’’.
(10) Section 1745 of title 28, United States
Code, is amended by striking ‘‘United States Patent
Office’’ and inserting ‘‘United States Patent and
Trademark Office’’.
(11) Section 1928 of title 28, United States
Code, is amended by striking ‘‘Patent Office’’ and
inserting ‘‘United States Patent and Trademark Of-
fice’’.
(12) Section 160 of the Atomic Energy Act of
1954 (42 U.S.C. 2190) is amended—
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(A) by striking ‘‘United States Patent Of-
fice’’ and inserting ‘‘United States Patent and
Trademark Office’’; and
(B) by striking ‘‘Commissioner of Patents’’
and inserting ‘‘Commissioner of Patents and
Trademarks’’.
(13) Section 305(c) of the National Aeronautics
and Space Act of 1958 (42 U.S.C. 2457(c)) is
amended by striking ‘‘Commissioner of Patents’’ and
inserting ‘‘Commissioner of Patents and Trade-
marks’’.
(14) Section 12(a) of the Solar Heating and
Cooling Demonstration Act of 1974 (42 U.S.C.
5510(a)) is amended by striking ‘‘Commissioner of
the Patent Office’’ and inserting ‘‘Commissioner of
Patents and Trademarks’’.
(15) Section 1111 of title 44, United States
Code, is amended by striking ‘‘the Commissioner of
Patents,’’.
(16) Section 1114 of title 44, United States
Code, is amended by striking ‘‘the Commissioner of
Patents,’’.
(17) Section 1123 of title 44, United States
Code, is amended by striking ‘‘the Patent Office,’’.
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(18) Sections 1337 and 1338 of title 44, United
States Code, and the items relating to those sections
in the table of contents for chapter 13 of such title,
are repealed.
(19) Section 10(i) of the Trading With the
Enemy Act (50 U.S.C. App. 10(i)) is amended by
striking ‘‘Commissioner of Patents’’ and inserting
‘‘Commissioner of Patents and Trademarks’’.
(20) Section 8G(a)(2) of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended by inserting
‘‘the United States Patent and Trademark Office,’’
after ‘‘the United States International Trade Com-
mission,’’.
Subtitle C—Miscellaneous
Provisions
SEC. 141. REFERENCES.
Any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any
document of or pertaining to a department or office from
which a function is transferred by this title—
(1) to the head of such department or office is
deemed to refer to the head of the department or of-
fice to which such function is transferred; or
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(2) to such department or office is deemed to
refer to the department or office to which such func-
tion is transferred.
SEC. 142. EXERCISE OF AUTHORITIES.
Except as otherwise provided by law, a Federal offi-
cial to whom a function is transferred by this title may,
for purposes of performing the function, exercise all au-
thorities under any other provision of law that were avail-
able with respect to the performance of that function to
the official responsible for the performance of the function
immediately before the effective date of the transfer of the
function under this title.
SEC. 143. SAVINGS PROVISIONS.
(a) LEGAL DOCUMENTS.—All orders, determinations,
rules, regulations, permits, grants, loans, contracts, agree-
ments, certificates, licenses, and privileges—
(1) that have been issued, made, granted, or al-
lowed to become effective by the President, the Sec-
retary of Commerce, any officer or employee of any
office transferred by this title, or any other Govern-
ment official, or by a court of competent jurisdic-
tion, in the performance of any function that is
transferred by this title, and
(2) that are in effect on the effective date of
such transfer (or become effective after such date
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pursuant to their terms as in effect on such effective
date),
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, any other author-
ized official, a court of competent jurisdiction, or operation
of law.
(b) PROCEEDINGS.—This title shall not affect any
proceedings or any application for any benefits, service,
license, permit, certificate, or financial assistance pending
on the effective date of this title before an office trans-
ferred by this title, but such proceedings and applications
shall be continued. Orders shall be issued in such proceed-
ings, appeals shall be taken therefrom, and payments shall
be made pursuant to such orders, as if this title had not
been enacted, and orders issued in any such proceeding
shall continue in effect until modified, terminated, super-
seded, or revoked by a duly authorized official, by a court
of competent jurisdiction, or by operation of law. Nothing
in this subsection shall be considered to prohibit the dis-
continuance or modification of any such proceeding under
the same terms and conditions and to the same extent that
such proceeding could have been discontinued or modified
if this title had not been enacted.