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.
PL 110-313 (S.3295), enacted 08/12/2008

122 STAT. 3014 
PUBLIC LAW 110–313—AUG. 12, 2008 
Public Law 110–313 
110th Congress 
An Act 
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. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
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 ‘‘Director’’ 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 Secretary of Com-
merce may, in his or her discretion, deem the appointment of 
an administrative patent judge who, before the date of the enact-
ment 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 acting as a de facto officer.’’. 
(b) ADMINISTRATIVE TRADEMARK JUDGES.—Section 17 of the 
Act entitled ‘‘An Act to provide for the registration and protection 
of trademarks used in commerce, to carry out the provisions of 
certain international conventions, 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 Director’’ and 
inserting ‘‘appointed by the Secretary of Commerce, in con-
sultation with the Director’’; and 
(2) by adding at the end the following: 
‘‘(c) AUTHORITY OF THE SECRETARY.—The Secretary of Com-
merce may, in his or her discretion, deem the appointment of 
Aug. 12, 2008 
[S. 3295] 
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122 STAT. 3015 
PUBLIC LAW 110–313—AUG. 12, 2008 
LEGISLATIVE HISTORY—S. 3295: 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
July 22, considered and passed Senate. 
July 29, 31, considered and passed House. 
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 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.’’. 
Approved August 12, 2008. 
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