An Act to amend title 35, United States Code, "Patents", and for other purposes.
PL 93-601 (H.R.9199), enacted 01/02/1975

1956 
PUBLIC LAW 93-601-JAN. 2, 1975 
[88 STAT. 
Public Law 93-601 
January 2, 1975 
AN A C T 
TH R 91991 
LJ—: 
i— 
To amend title 35, United States Code, "Patents", and for other purposes. 
Patents. 
35 use 3. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled^ That section 3, title 
35, of the United States Code is amended to read as follows : 
"§3. Officers and employees 
"(a) There shall be in the Patent Office a Commissioner of Patents, 
a Deputy Commissioner, two Assistant Commissioners, and not more 
than fifteen examiners-in-chief. The Deputy Commissioner, or, in the 
event of a vacancy in that office, the Assistant Commissioner senior 
in date of appointment shall fill the office of Commissioner during a 
vacancy in that office until the Commissioner is appointed and takes 
office. The Commissioner of Patents, the Deputy Commissioner, and 
the Assistant Commissioners shall be appointed by the President, by 
and with the advice and consent of the Senate. The Secretary of Com-
merce, upon the nomination of the Commissioner, in accordance with 
law, shall appoint all other officers and employees. 
"(b) The Secretary of Commerce may vest in himself the functions 
of the Patent Office and its officers and employees specified in this title 
and may from time to time authorize their performance by any other 
officer or employee. 
"(c) The Secretary of Commerce is authorized to fix the per annum 
rate of basic compensation of each examiner-in-chief in the Patent 
Office at not in excess of the maximum scheduled rate provided for 
positions in grade 17 of the General Schedule of the Classification 
^^s^usc 5332 
^ct of 1949, as amended." 
"Voard o
f Ap- 
SEC. 2. Tfic first paragraph of section 7 of title 35 of the United 
p^ais. 
States Code is amended to read as follows: 
"The examiners-in-chief shall be persons of competent legal knowl-
edge and scientific ability, who shall be appointed under the classified 
civil service. The Commissioner, the deputy commissioner, the assist-
ant commissioners, and the examiners-in-chief shall constitute a Board 
Review. 
^f Appcals, which on written appeal of the applicant, shall review 
adverse decisions of examiners upon applications for patents. Each 
appeal shall be heard by at least three members of the Board of 
Appeals, the members hearing such appeal to be designated by the 
Commissioner. The Board of Appeals has sole power to grant 
rehearings." 
^D^eiayed pay- 
^^^^ ^ rj.j^^ j^g^ scutence of scctiou 151 of title 35 of the United 
States Code is amended to read as follows: "If any payment required 
by this section is not timely made, but is submitted with the fee for 
delayed payment and the delay in payment is shown to have been 
unavoidable, it may be accepted by the Commissioner as though no 
abandonment or lapse had ever occurred.". 
Issue fees, late 
gj,^^ ^ (^^i) The Commissioncr of Patents may, in accordance with 
^^ITvsc 151 
Section 3 of this Act, accept late payment of issue fees, the payment 
note. 
of which was governed by the provisions of Public Law 89-93: 
Provided: 
the term of the patent for which late payment of such an 
issue fee is accepted shall expire earlier than the time specified in 
Section 154 of Title 35, United States Code, by a period equal to the 
delay between the time the application became abandoned or the 
patent lapsed for failure to pay the issue fee and the time the late 
payment is accepted after enactment of this Act; Further 
Provided: 
no patent with respect to which the payment of the issue fee was gov-
erned by the provisions of PT^ 89-83 and for which a late payment 
of the issue fee is accepted under the authority created by Section 3 
35 use 41 
88 STAT. ] 
PUBUC LAW 93-602-JAN. 2, 1975 
1957 
of this Act, shall abridge or affect the right of any person or his suc-
cessors in business who made, purchased or used anything covered by 
the patent, after the date of the application became abandoned or 
patent lapsed for failure to pay the issue fee but prior to the grant 
or restoration of the patent, to continue the use of or to sell to others 
to be used or sold, the specific thing so made, purchased, or used. A 
court before which such matter is in question may provide for the 
continued manufacture, use or sale of the thing made, purchased or 
used as specified, or for the manufacture, use or sale of which sub-
stantial preparation was made after the date the application became 
abandoned or patent lapsed for failure to pay the fee but prior to the 
grant or restoration of the patent, and it may also provide for the 
continued practice of any process covered by the patent, practiced, or 
for the practice of which substantial preparation was made, after the 
date the application became abandoned or patent lapsed for failure to 
pay the issue fee but prior to the grant or restoration of the patent, to 
the extent and under such terms as the court deems equitable for the 
protection of investments made or business commenced before the 
grant or restoration of the patent. 
(b) This Act shall be effective upon enactment. Examiners-in-chief 
^l%''scl note' 
in office on the date of enactment shalh continue in office under and 
in accordance with their then existing appointments. 
Approved January 2, 1975. 
Public Law 93-602 
AN ACT 
j _ ^ ^ ^ 2. 1975 
To designate the Veterans" Administration hospital in Columbia, Missouri, 
[H.R. 10212] 
as the "Harry S. Truman Memorial Veterans' Hospital"; to amend title 38, 
United States Code, to increase the rates of vocational rehabilitation, educa-
tional assistance, and special training allowances paid to certain eligible 
veterans and persons; and for other purposes. 
Be it enacted by the Senate and House of RefreHentaticeH of the 
United States of America in Congress assembled^ 
veterans. 
Hospital desig-
nation; education 
T I T L P : I — D E S I G N A T I N G T H E V E T E R A N S ' A D M I N I S T R A - and rehabilitation 
TION HOSPITAL AT COLUMBIA, MISSOURI, AS T H E "^^^^'"""• 
"HARRY S. TRUMAN MEMORIAL VETERANS' HOSPI-
TAL" 
SEC. 101. The Veterans' Administration hospital at Columbia, Mis- 
^^"y s- Truman 
souri, shall hereafter be known and designated as the "Harry S. anT°nospiilu' 
Truman Memorial Veterans' Hospital". Any reference to such 
hospital in any law, regulation, document, record, or other paper of 
the United States shall be deemed a reference to it as the Harry S. 
Truman Memorial Veterans' Hospital. 
SP:C. 102. The Administrator of Veterans' Affairs is authorized to 
provide such memorial at the above-named hospital as he may deem 
suitable to preserve the remembrance of the late Harry S. Truman. 
38-194 O - 76 - 41 Pt. 2