Patent and Trademark Office Reform Act of 1995

approved April 12, 1892 (20 
        U.S.C. 91) is amended by striking out ``Patent Office'' and 
        inserting in lieu thereof ``United States Patent and Trademark 
Corporation''.
            (15) Section 505(m) of the Federal Food, Drug, and Cosmetic 
        Act (21 U.S.C. 355(m)) is amended by striking out ``Patent and 
        Trademark Office of the Department of Commerce'' and inserting 
        in lieu thereof ``United States Patent and Trademark 
        Corporation''.
            (16) Section 512(o) of the Federal Food, Drug, and Cosmetic 
        Act (21 U.S.C. 360b(o)) is amended by striking out ``Patent and 
        Trademark Office of the Department of Commerce'' and inserting 
        in lieu thereof ``United States Patent and Trademark 
        Corporation''.
            (17) Section 702(d) of the Federal Food, Drug, and Cosmetic 
        Act (21 U.S.C. 372(d)) is amended by striking out 
        ``Commissioner of Patents'' and inserting in lieu thereof 
        ``Commissioner of Patents and Trademarks''.
            (18) Section 501(b)(1) of the Jobs Through Trade Expansion 
        Act of 1994 (22 U.S.C. 2151t-1(b)(1)) is amended by striking 
        out ``Patent and Trademark Office'' and inserting in lieu 
        thereof ``United States Patent and Trademark Corporation''.
            (19) Section 2 of the Act of August 27, 1935 (25 U.S.C. 
        305a) is amended by striking out ``Patent and Trademark 
        Office'' and inserting in lieu thereof ``United States Patent 
        and Trademark Corporation''.
            (20) Section 105(e) of the Federal Alcohol Administration 
        Act (27 U.S.C. 205(e)) is amended by striking out ``Patent 
        Office'' and inserting in lieu thereof ``United States Patent 
        and Trademark Corporation''.
            (21) Section 1295(a)(4) of title 28, United States Code, is 
        amended by striking out ``Patent and Trademark Office'' and 
        inserting in lieu thereof ``United States Patent and Trademark 
        Corporation''.
            (22) Section 1744 of title 28, United States Code, is 
        amended--
                    (A) in the section heading by striking out ``Patent 
                Office'' and inserting in lieu thereof ``United States 
                Patent and Trademark Office'';
                    (B) by striking out ``Patent Office'' each place 
                such term appears and inserting in lieu thereof 
                ``United States Patent and Trademark Corporation''; and
                    (C) by striking out ``Commissioner of Patents'' and 
                inserting in lieu thereof ``Commissioner of Patents and 
                Trademarks''.
            (23) Section 1745 of title 28, United States Code, is 
        amended by striking out ``United States Patent Office'' and 
        inserting in lieu thereof ``United States Patent and Trademark 
        Corporation''.
            (24) Section 1928 of title 28, United States Code, is 
        amended by striking out ``Patent Office'' and inserting in lieu 
        thereof ``United States Patent and Trademark Corporation''.
            (25) Section 9101(3) of title 31, United States Code, is 
        amended by adding at the end thereof:
                    ``(O) the United States Patent and Trademark 
                Corporation.''.
            (26) The provisions of title 35, United States Code, are 
        amended by striking out ``Patent and Trademark Office'' and 
        ``United States Patent and Trademark Office'' each place such 
        terms appear and inserting in each such place ``United States 
        Patent and Trademark Corporation''.
            (27) The table of sections for chapter 1 of part I of title 
        35, United States Code, is amended to read as follows:

            ``CHAPTER 1--ESTABLISHMENT, OFFICERS, FUNCTIONS

``Sec.
``1. Establishment.
``2. Powers and duties.
``3. Officers and employees.
``4. Restrictions on officers and employees as to interest in patents.
``5. Advisory Board.
``6. Suits by and against the Corporation.
``7. Board of Patent Appeals and Interferences.
``8. Library.
``9. Classification of patents.
``10. Certified copies of records.
``11. Publications.
``12. Exchange of copies of patents with foreign countries.
``13. Copies of patents for public libraries.
``14. Annual report to Congress.
``15. Use of Corporation name.
``16. Definitions.''.
            (28) Section 302 of title 35, United States Code, is 
        amended in the second sentence by inserting ``established'' 
        before ``pursuant''.
            (29) Sections 371(c)(1) and 376(a) of title 35, United 
        States Code, are amended by striking out ``provided'' and 
        inserting in lieu thereof ``established under''.
            (30) Section 602 of the Federal Property and Administrative 
        Services Act of 1949 (40 U.S.C. 474) is amended by inserting 
        after paragraph (21) the following new paragraph:
            ``(22) the United States Patent and Trademark 
        Corporation,''.
            (31) Section 151 (c) and (d) of the Atomic Energy Act of 
        1954 (42 U.S.C. 2181 (c) and (d)) are each amended by striking 
        out ``Commissioner of Patents'' and inserting in lieu thereof 
        ``Commissioner of Patents and Trademarks''.
            (32) Section 160 of the Atomic Energy Act of 1954 (42 
        U.S.C. 2190) is amended by striking out ``Patent Office'' and 
        inserting in lieu thereof ``United States Patent and Trademark 
        Corporation''.
            (33) Section 305(c) of the National Aeronautics and Space 
        Act of 1958 (42 U.S.C. 2457(c)) is amended by striking out 
        ``Commissioner of Patents'' and inserting in lieu thereof 
        ``Commissioner of Patents and Trademarks''.
            (34) Section 12(a) of the Solar Energy Research, 
        Development, and Demonstration Act of 1974 (42 U.S.C. 5510(a)) 
        is amended by striking out ``Commissioner of Patent Office'' 
        and inserting in lieu thereof ``Commissioner of Patents and 
        Trademarks''.
            (35) Section 1111 of title 44, United States Code, is 
        amended by striking out ``Commissioner of Patents'' and 
        inserting in lieu thereof ``Commissioner of Patents and 
        Trademarks''.
            (36) Section 1123 of title 44, United States Code, is 
        amended by striking out ``the Patent Office,''.
            (37) Section 1114 of title 44, United States Code, is 
        amended by striking out ``Commissioner of Patents,''.
            (38)(A) Sections 1337 and 1338 of title 44, United States 
        Code, are repealed.
            (B) The table of sections for chapter 13 of title 44, 
        United States Code, is amended by striking out the items 
        relating to sections 1337 and 1338.
            (39) Section 10(i) of the Trading with the Enemy Act (50 
        U.S.C. App. 10) is amended by striking out ``Commissioner of 
        Patents'' and inserting in lieu thereof ``Commissioner of 
        Patents and Trademarks''.

                   TITLE II--MISCELLANEOUS PROVISIONS

SEC. 201. SEPARABILITY.

    If any provision of this Act or the application thereof to any 
person or circumstance is held invalid, the remainder of this Act, and 
the application of such provision to other persons or circumstances 
shall not be affected thereby.

SEC. 202. EFFECTIVE DATE.

    This Act shall take effect 180 days after the date of the enactment 
of this Act.
                                 
S 1458 IS----2
S 1458 IS----3
S 1458 IS----4

Summary: TABLE OF CONTENTS: 
     Title I:  Patent and Trademark Corporation 
     Title II:  Miscellaneous Provisions 
Patent and Trademark Office Reform Act of 1995 - 
Title I:  Patent and Trademark Corporation
 - Replaces specified provisions governing the Patent and Trademark Office with provisions establishing the Patent and Trademark Corporation as a wholly owned Government corporation within the Department of Commerce.  Requires the Corporation to maintain an office in the District of Columbia metropolitan area.  Provides appropriate Corporation powers and duties with respect to the granting and issuing of patents and the registration of trademarks, as well as related activities. 
Vests Corporation management in the Commissioner of Patents and Trademarks, appointed by the President, with specified duties and responsibilities.  Directs the Commissioner to appoint a Deputy Commissioner for Patents, a Deputy Commissioner for Trademarks, and an Inspector General.  Exempts: (1) the Corporation from any administratively or statutorily imposed limitations on positions or personnel; and (2) Corporation personnel from various Federal employment authorities and requirements, including provisions governing employee classification, performance appraisals, and pay rates.  Includes such employees under Federal provisions relating to retirement and health and life insurance.   Requires all officers and employees of the Patent and Trademark Office to become officers and employees of the Corporation on the effective date of this Act. Provides other employee and Office transition provisions.  Prohibits Corporation officers and employees, during their appointments and for one year thereafter, from applying for or acquiring any patent issued by the Corporation. 
Establishes an Advisory Board of the Corporation to review and report annually to the President and specified congressional committees on the Corporation's policies, goals, performance, budget, and user fees and to advise the Commissioner. 
Sets forth provisions regarding:  (1) suits by and against the Corporation; (2) revised membership and duties of the Board of Patent Appeals and Interferences; (3) a required annual Corporation management report; (4) the prohibited use of the Corporation's name; (5) receipts, expenditures, and borrowing authority of the Corporation; (6) annual audit requirements; (7) the transfer to the Corporation of Department of Commerce functions, powers, duties, and assets; (8) transition requirements; and (9) technical and conforming amendments. 
(Sec. 109) Prohibits full-time equivalent Corporation positions from being eliminated in order to meet the requirements of the Federal Workforce Restructuring Act of 1994. 
Title II:  Miscellaneous Provisions
 - Provides for the separability of provisions of this Act.  Makes this Act effective 180 days after its enactment.