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 administrative patent judges and administrative trademark judges, and for other purposes.

Bill: 110-s-3295
Sponsor: Sen. Leahy, Patrick J. [D-VT]
Introduced: 2008-07-21 in the Senate
Policy area: Commerce
Subjects: Administrative law judges
Intellectual property
Judges
Law
Patents
Trademarks

Summary:
action_date: 2008-07-21
text: 
Transfers from the director of the United States Patent and Trademark Office to the Secretary of Commerce the authority to appoint administrative patent judges and administrative trademark judges. Requires the Secretary to consult with the director on such appointments.

action_date: 2008-07-22
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Transfers from the director of the United States Patent and Trademark Office (PTO) to the Secretary of Commerce the authority to appoint administrative patent judges and administrative trademark judges. Requires the Secretary to consult with the director on such appointments. Names the PTO's deputy director as an additional member of the Trademark Trial and Appeal Board.
 
Authorizes the Secretary, in his or her discretion, to deem the appointment of an administrative patent judge or an administrative trademark judge who, before enactment, 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.
 
Makes it a defense to a challenge to the appointment of an administrative patent judge or an administrative trademark judge on the basis of the judge's having been originally appointed by the director that the administrative patent judge so appointed was acting as a de facto officer.

action_date: 2008-07-31
text: 

(This measure has not been amended since it was passed by the Senate on July 22, 2008. The summary of that version is repeated here.)

 
Transfers from the director of the United States Patent and Trademark Office (PTO) to the Secretary of Commerce the authority to appoint administrative patent judges and administrative trademark judges. Requires the Secretary to consult with the director on such appointments. Names the PTO's deputy director as an additional member of the Trademark Trial and Appeal Board.
 
Authorizes the Secretary, in his or her discretion, to deem the appointment of an administrative patent judge or an administrative trademark judge who, before enactment, 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.
 
Makes it a defense to a challenge to the appointment of an administrative patent judge or an administrative trademark judge on the basis of the judge's having been originally appointed by the director that the administrative patent judge so appointed was acting as a de facto officer.

action_date: 2008-08-12
text: 

(This measure has not been amended since it was passed by the Senate on July 22, 2008. The summary of that version is repeated here.)

 
Transfers from the director of the United States Patent and Trademark Office (PTO) to the Secretary of Commerce the authority to appoint administrative patent judges and administrative trademark judges. Requires the Secretary to consult with the director on such appointments. Names the PTO's deputy director as an additional member of the Trademark Trial and Appeal Board.
 
Authorizes the Secretary, in his or her discretion, to deem the appointment of an administrative patent judge or an administrative trademark judge who, before enactment, 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.
 
Makes it a defense to a challenge to the appointment of an administrative patent judge or an administrative trademark judge on the basis of the judge's having been originally appointed by the director that the administrative patent judge so appointed was acting as a de facto officer.


Legislative actions:
action_date: 2008-08-12
text: Became Public Law No: 110-313.
action_date: 2008-08-12
text: Became Public Law No: 110-313.
action_date: 2008-08-12
text: Signed by President.
action_date: 2008-08-12
text: Signed by President.
action_date: 2008-08-05
text: Presented to President.
action_date: 2008-08-05
text: Presented to President.
action_date: 2008-07-31
text: Cleared for White House.
action_date: 2008-07-31
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-07-31
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR 7/29/2008 H7233-7234)
action_date: 2008-07-31
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR 7/29/2008 H7233-7234)
action_date: 2008-07-31
text: Considered as unfinished business. (consideration: CR H7707)
action_date: 2008-07-29
text: At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. King (IA) objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
action_date: 2008-07-29
text: Considered under suspension of the rules. (consideration: CR H7233-7235)
action_date: 2008-07-29
text: DEBATE - The House proceeded with forty minutes of debate on S. 3295.
action_date: 2008-07-29
text: Mr. Cohen moved to suspend the rules and pass the bill.
action_date: 2008-07-23
text: Referred to the House Committee on the Judiciary.
action_date: 2008-07-23
text: Message on Senate action sent to the House.
action_date: 2008-07-23
text: Received in the House.
action_date: 2008-07-22
text: Passed Senate without amendment by Unanimous Consent. (text: CR S7079)
action_date: 2008-07-22
text: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(text: CR S7079)
action_date: 2008-07-22
text: Senate Committee on the Judiciary discharged by Unanimous Consent. (consideration: CR S7079)
action_date: 2008-07-22
text: Senate Committee on the Judiciary discharged by Unanimous Consent.(consideration: CR S7079)
action_date: 2008-07-21
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S6976)
action_date: 2008-07-21
text: Introduced in Senate

Enacted as: number: 110-313