§ 1. — Establishment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC1]
TITLE 35--PATENTS
PART I--UNITED STATES PATENT AND TRADEMARK OFFICE
CHAPTER 1--ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS
Sec. 1. Establishment
(a) Establishment.--The United States Patent and Trademark Office is
established as an agency of the United States, within the Department of
Commerce. In carrying out its functions, the United States Patent and
Trademark Office shall be subject to the policy direction of the
Secretary of Commerce, but otherwise shall retain responsibility for
decisions regarding the management and administration of its operations
and shall exercise independent control of its budget allocations and
expenditures, personnel decisions and processes, procurements, and other
administrative and management functions in accordance with this title
and applicable provisions of law. Those operations designed to grant and
issue patents and those operations which are designed to facilitate the
registration of trademarks shall be treated as separate operating units
within the Office.
(b) Offices.--The United States Patent and Trademark Office shall
maintain its principal office in the metropolitan Washington, D.C.,
area, for the service of process and papers and for the purpose of
carrying out its functions. The United States Patent and Trademark
Office shall be deemed, for purposes of venue in civil actions, to be a
resident of the district in which its principal office is located,
except where jurisdiction is otherwise provided by law. The United
States Patent and Trademark Office may establish satellite offices in
such other places in the United States as it considers necessary and
appropriate 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''.
(July 19, 1952, ch. 950, 66 Stat. 792; Pub. L. 93-596, Sec. 1, Jan. 2,
1975, 88 Stat. 1949; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,
Sec. 4711], Nov. 29, 1999, 113 Stat. 1536, 1501A-572.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., Sec. 1 (R.S. 475 and Executive
Order 4175, Mar. 17, 1925).
The word ``all'' is omitted from the corresponding section of the
existing statute and ``except as otherwise provided by law'' added,
since some old records are kept in the National Archives, see 44 U.S.C.,
1946 ed., ch. 8A.
The word ``models'' has been omitted to remove emphasis on models
since they are no longer generally required. They are included by the
word ``things.''
The phrase ``and to trade-mark registrations'' is added. There is no
enactment corresponding to this section in the trade-mark law. The
original chapter of the Revised Statutes containing this section deals
with the Patent Office as such in its administration of trade-marks as
well as patents. This is explicitly brought out in some of the
corresponding sections of the present chapter. Changes in language are
made.
Amendments
1999--Pub. L. 106-113 reenacted section catchline without change and
amended text generally. Prior to amendment, text read as follows: ``The
Patent and Trademark Office shall continue as an office in the
Department of Commerce, where records, books, drawings, specifications,
and other papers and things pertaining to patents and to trademark
registrations shall be kept and preserved, except as otherwise provided
by law.''
1975--Pub. L. 93-596 substituted ``Patent and Trademark Office'' for
``Patent Office''.
Change of Name
Section 3 of Pub. L. 93-596 provided that: ``The terms `Patent
Office' and `Commissioner of Patents' in all laws of the United States
shall mean `Patent and Trademark Office' and `Commissioner of Patents
and Trademarks', respectively.''
Effective Date of 1999 Amendment
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle G,
Sec. 4731], Nov. 29, 1999, 113 Stat. 1536, 1501A-581, provided that:
``This subtitle [see Tables for classification] and the amendments made
by this subtitle shall take effect 4 months after the date of the
enactment of this Act [Nov. 29, 1999].''
Effective Date of 1975 Amendment
Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of
Pub. L. 93-596, set out as a note under section 1111 of Title 15,
Commerce and Trade.
Short Title of 2002 Amendment
Pub. L. 107-273, div. C, title III, Sec. 13201, Nov. 2, 2002, 116
Stat. 1901, provided that: ``This subtitle [subtitle B (Secs. 13201-
13211) of title III of div. C of Pub. L. 107-273, see Tables for
classification] may be cited as the `Intellectual Property and High
Technology Technical Amendments Act of 2002'.''
Short Title of 1999 Amendment
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [Sec. 1(a)], Nov. 29, 1999,
113 Stat. 1536, 1501A-521, provided that: ``This Act [S. 1948, as
enacted by section 1000(a)(9) of Pub. L. 106-113, see Tables for
classification] may be cited as the `Intellectual Property and
Communications Omnibus Reform Act of 1999'.''
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4001], Nov.
29, 1999, 113 Stat. 1536, 1501A-552, provided that: ``This title [see
Tables for classification] may be cited as the `American Inventors
Protection Act of 1999'.''
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle A,
Sec. 4101], Nov. 29, 1999, 113 Stat. 1536, 1501A-552, provided that:
``This subtitle [enacting section 297 of this title and provisions set
out as a note under section 297 of this title] may be cited as the
`Inventors' Rights Act of 1999'.''
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle B,
Sec. 4201], Nov. 29, 1999, 113 Stat. 1536, 1501A-554, provided that:
``This subtitle [amending sections 41 and 42 of this title and enacting
provisions set out as notes under section 41 of this title and section
1113 of Title 15, Commerce and Trade] may be cited as the `Patent and
Trademark Fee Fairness Act of 1999'.''
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle C,
Sec. 4301], Nov. 29, 1999, 113 Stat. 1536, 1501A-555, provided that:
``This subtitle [enacting section 273 of this title and provisions set
out as a note under section 273 of this title] may be cited as the
`First Inventor Defense Act of 1999'.''
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle D,
Sec. 4401], Nov. 29, 1999, 113 Stat. 1536, 1501A-557, provided that:
``This subtitle [amending sections 132, 154, 156, and 282 of this title
and section 1295 of Title 28, Judiciary and Judicial Procedure, and
enacting provisions set out as notes under sections 132 and 154 of this
title] may be cited as the `Patent Term Guarantee Act of 1999'.''
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle E,
Sec. 4501], Nov. 29, 1999, 113 Stat. 1536, 1501A-561, provided that:
``This subtitle [amending sections 11 to 13, 102, 119, 120, 122, 135,
154, 181, 252, 284, and 374 of this title and enacting provisions set
out as notes under sections 11, 41, and 122 of this title] may be cited
as the `Domestic Publication of Foreign Filed Patent Applications Act of
1999'.''
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle F,
Sec. 4601], Nov. 29, 1999, 113 Stat. 1536, 1501A-567, provided that:
``This subtitle [enacting chapter 31 of this title, amending sections
41, 100, 134, 141, 143, and 145 of this title, and enacting provisions
set out as notes under sections 41, 311, and 315 of this title] may be
cited as the `Optional Inter Partes Reexamination Procedure Act of
1999'.''
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle G,
Sec. 4701], Nov. 29, 1999, 113 Stat. 1536, 1501A-572, provided that:
``This subtitle [see Tables for classification] may be cited as the
`Patent and Trademark Office Efficiency Act'.''
Short Title of 1998 Amendments
Pub. L. 105-358, Sec. 1, Nov. 10, 1998, 112 Stat. 3272, provided
that: ``This Act [amending sections 41 and 42 of this title and enacting
provisions set out as a note under section 41 of this title] may be
cited as the `United States Patent and Trademark Office Reauthorization
Act, Fiscal Year 1999'.''
Pub. L. 105-289, Sec. 1, Oct. 27, 1998, 112 Stat. 2780, provided
that: ``This Act [amending section 163 of this title and enacting
provisions set out as notes under sections 41 and 163 of this title] may
be cited as the `Plant Patent Amendments Act of 1998'.''
Short Title of 1988 Amendment
Pub. L. 100-418, Sec. 9001, Aug. 23, 1988, 102 Stat. 1563, provided
that: ``This subtitle [subtitle A (Secs. 9001-9007) of title IX of Pub.
L. 100-418, enacting section 295 of this title, amending sections 154,
271, and 287 of this title, and enacting provisions set out as notes
under section 271 of this title] may be cited as the `Process Patent
Amendments Act of 1988'.''
Pub. L. 100-418, title IX, Sec. 9101(a), Aug. 23, 1988, 102 Stat.
1567, provided that: ``This section [amending sections 184 to 186 of
this title and enacting provisions set out as notes under section 184 of
this title] may be cited as the `Patent Law Foreign Filing Amendments
Act of 1988'.''
Short Title of 1984 Amendment
Pub. L. 98-622, Sec. 1, Nov. 8, 1984, 98 Stat. 3383, provided that:
``This Act [enacting section 157 of this title, amending sections 3, 7,
41, 103, 104, 116, 120, 134, 135, 141, 145, 146, 271, 305, 351, 361,
362, 365 to 368, 371 to 373, and 376 of this title, section 1295 of
Title 28, Judiciary and Judicial Procedure, and sections 2182 and 2457
of Title 42, The Public Health and Welfare, and enacting provisions set
out as notes under sections 7, 41, 103, 157, and 351 of this title] may
be cited as the `Patent Law Amendments Act of 1984'.''
Transfer of Functions and Assets of Patent and Trademark Office
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle G,
chapter 3], Nov. 29, 1999, 113 Stat. 1536, 1501A-585, provided that:
``SEC. 4741. REFERENCES.
``(a) In General.--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 subtitle [see Tables for classification]--
``(1) to the head of such department or office is deemed to
refer to the head of the department or office to which such function
is transferred; or
``(2) to such department or office is deemed to refer to the
department or office to which such function is transferred.
``(b) Specific References.--Any reference in any other Federal law,
Executive order, rule, regulation, or delegation of authority, or any
document of or pertaining to the Patent and Trademark Office--
``(1) to the Commissioner of Patents and Trademarks is deemed to
refer to the Under Secretary of Commerce for Intellectual Property
and Director of the United States Patent and Trademark Office;
``(2) to the Assistant Commissioner for Patents is deemed to
refer to the Commissioner for Patents; or
``(3) to the Assistant Commissioner for Trademarks is deemed to
refer to the Commissioner for Trademarks.
``SEC. 4742. EXERCISE OF AUTHORITIES.
``Except as otherwise provided by law, a Federal official to whom a
function is transferred by this subtitle may, for purposes of performing
the function, exercise all authorities under any other provision of law
that were available 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
subtitle.
``SEC. 4743. SAVINGS PROVISIONS.
``(a) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, agreements,
certificates, licenses, and privileges--
``(1) that have been issued, made, granted, or allowed to become
effective by the President, the Secretary of Commerce, any officer
or employee of any office transferred by this subtitle, or any other
Government official, or by a court of competent jurisdiction, in the
performance of any function that is transferred by this subtitle;
and
``(2) that are in effect on the effective date of such transfer
(or become effective after such date 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
authorized official, a court of competent jurisdiction, or operation
of law.
``(b) Proceedings.--This subtitle 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 subtitle [see Effective Date of 1999 Amendment note above] before
an office transferred by this subtitle, but such proceedings and
applications shall be continued. Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and payments shall be
made pursuant to such orders, as if this subtitle had not been enacted,
and orders issued in any such proceeding shall continue in effect until
modified, terminated, superseded, 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
discontinuance 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 subtitle had not been
enacted.
``(c) Suits.--This subtitle shall not affect suits commenced before
the effective date of this subtitle, and in all such suits, proceedings
shall be had, appeals taken, and judgments rendered in the same manner
and with the same effect as if this subtitle had not been enacted.
``(d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against the Department of Commerce or the Secretary of
Commerce, or by or against any individual in the official capacity of
such individual as an officer or employee of an office transferred by
this subtitle, shall abate by reason of the enactment of this subtitle.
``(e) Continuance of Suits.--If any Government officer in the
official capacity of such officer is party to a suit with respect to a
function of the officer, and under this subtitle such function is
transferred to any other officer or office, then such suit shall be
continued with the other officer or the head of such other office, as
applicable, substituted or added as a party.
``(f) Administrative Procedure and Judicial Review.--Except as
otherwise provided by this subtitle, any statutory requirements relating
to notice, hearings, action upon the record, or administrative or
judicial review that apply to any function transferred by this subtitle
shall apply to the exercise of such function by the head of the Federal
agency, and other officers of the agency, to which such function is
transferred by this subtitle.
``SEC. 4744. TRANSFER OF ASSETS.
``Except as otherwise provided in this subtitle, so much of the
personnel, property, records, and unexpended balances of appropriations,
allocations, and other funds employed, used, held, available, or to be
made available in connection with a function transferred to an official
or agency by this subtitle shall be available to the official or the
head of that agency, respectively, at such time or times as the Director
of the Office of Management and Budget directs for use in connection
with the functions transferred.
``SEC. 4745. DELEGATION AND ASSIGNMENT.
``Except as otherwise expressly prohibited by law or otherwise
provided in this subtitle, an official to whom functions are transferred
under this subtitle (including the head of any office to which functions
are transferred under this subtitle) may delegate any of the functions
so transferred to such officers and employees of the office of the
official as the official may designate, and may authorize successive
redelegations of such functions as may be necessary or appropriate. No
delegation of functions under this section or under any other provision
of this subtitle shall relieve the official to whom a function is
transferred under this subtitle of responsibility for the administration
of the function.
``SEC. 4746. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND
BUDGET WITH RESPECT TO FUNCTIONS TRANSFERRED.
``(a) Determinations.--If necessary, the Director of the Office of
Management and Budget shall make any determination of the functions that
are transferred under this subtitle.
``(b) Incidental Transfers.--The Director of the Office of
Management and Budget, at such time or times as the Director shall
provide, may make such determinations as may be necessary with regard to
the functions transferred by this subtitle, and to make such additional
incidental dispositions of personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such functions,
as may be necessary to carry out the provisions of this subtitle. The
Director shall provide for the termination of the affairs of all
entities terminated by this subtitle and for such further measures and
dispositions as may be necessary to effectuate the purposes of this
subtitle.
``SEC. 4747. CERTAIN VESTING OF FUNCTIONS CONSIDERED TRANSFERS.
``For purposes of this subtitle, the vesting of a function in a
department or office pursuant to reestablishment of an office shall be
considered to be the transfer of the function.
``SEC. 4748. AVAILABILITY OF EXISTING FUNDS.
``Existing appropriations and funds available for the performance of
functions, programs, and activities terminated pursuant to this subtitle
shall remain available, for the duration of their period of
availability, for necessary expenses in connection with the termination
and resolution of such functions, programs, and activities, subject to
the submission of a plan to the Committees on Appropriations of the
House and Senate in accordance with the procedures set forth in section
605 of the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1999, as contained in Public
Law 105-277 [112 Stat. 2681-111].
``SEC. 4749. DEFINITIONS.
``For purposes of this subtitle--
``(1) the term `function' includes any duty, obligation, power,
authority, responsibility, right, privilege, activity, or program;
and
``(2) the term `office' includes any office, administration,
agency, bureau, institute, council, unit, organizational entity, or
component thereof.''
Federal Agency Status for Patent and Trademark Office
Pub. L. 101-508, title X, Sec. 10102, Nov. 5, 1990, 104 Stat. 1388-
392, provided that: ``For the purposes of Federal law, the Patent and
Trademark Office shall be considered a Federal agency. In particular,
the Patent and Trademark Office shall be subject to all Federal laws
pertaining to the procurement of goods and services that would apply to
a Federal agency using appropriated funds, including the Federal
Property and Administrative Services Act of 1949 [now chapters 1 to 11
of Title 40, Public Buildings, Property, and Works, and title III of the
Act of June 30, 1949 (41 U.S.C. 251 et seq.)] and the Office of Federal
Procurement Policy Act [41 U.S.C. 401 et seq.].''
