§ 2. — Powers and duties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC2]
TITLE 35--PATENTS
PART I--UNITED STATES PATENT AND TRADEMARK OFFICE
CHAPTER 1--ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS
Sec. 2. Powers and duties
(a) In General.--The United States Patent and Trademark Office,
subject to the policy direction of the Secretary of Commerce--
(1) shall be responsible for the granting and issuing of patents
and the registration of trademarks; and
(2) shall be responsible for disseminating to the public
information with respect to patents and trademarks.
(b) Specific Powers.--The Office--
(1) shall adopt and use a seal of the Office, which shall be
judicially noticed and with which letters patent, certificates of
trademark registrations, and papers issued by the Office shall be
authenticated;
(2) may establish regulations, not inconsistent with law,
which--
(A) shall govern the conduct of proceedings in the Office;
(B) shall be made in accordance with section 553 of title 5;
(C) shall facilitate and expedite the processing of patent
applications, particularly those which can be filed, stored,
processed, searched, and retrieved electronically, subject to
the provisions of section 122 relating to the confidential
status of applications;
(D) may govern the recognition and conduct of agents,
attorneys, or other persons representing applicants or other
parties before the Office, and may require them, before being
recognized as representatives of applicants or other persons, to
show that they are of good moral character and reputation and
are possessed of the necessary qualifications to render to
applicants or other persons valuable service, advice, and
assistance in the presentation or prosecution of their
applications or other business before the Office;
(E) shall recognize the public interest in continuing to
safeguard broad access to the United States patent system
through the reduced fee structure for small entities under
section 41(h)(1) of this title; and
(F) provide for the development of a performance-based
process that includes quantitative and qualitative measures and
standards for evaluating cost-effectiveness and is consistent
with the principles of impartiality and competitiveness;
(3) may acquire, construct, purchase, lease, hold, manage,
operate, improve, alter, and renovate any real, personal, or mixed
property, or any interest therein, as it considers necessary to
carry out its functions;
(4)(A) may make such purchases, contracts for the construction,
maintenance, or management and operation of facilities, and
contracts for supplies or services, without regard to the provisions
of the Federal Property and Administrative Services Act of 1949 \1\,
the Public Buildings Act,\1\ and the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11301 et seq.); and
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\1\ See References in Text note below.
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(B) may enter into and perform such purchases and contracts for
printing services, including the process of composition,
platemaking, presswork, silk screen processes, binding, microform,
and the products of such processes, as it considers necessary to
carry out the functions of the Office, without regard to sections
501 through 517 and 1101 through 1123 of title 44;
(5) may use, with their consent, services, equipment, personnel,
and facilities of other departments, agencies, and instrumentalities
of the Federal Government, on a reimbursable basis, and cooperate
with such other departments, agencies, and instrumentalities in the
establishment and use of services, equipment, and facilities of the
Office;
(6) may, when the Director determines that it is practicable,
efficient, and cost-effective to do so, use, with the consent of the
United States and the agency, instrumentality, Patent and Trademark
Office, or international organization concerned, the services,
records, facilities, or personnel of any State or local government
agency or instrumentality or foreign patent and trademark office or
international organization to perform functions on its behalf;
(7) may retain and use all of its revenues and receipts,
including revenues from the sale, lease, or disposal of any real,
personal, or mixed property, or any interest therein, of the Office;
(8) shall advise the President, through the Secretary of
Commerce, on national and certain international intellectual
property policy issues;
(9) shall advise Federal departments and agencies on matters of
intellectual property policy in the United States and intellectual
property protection in other countries;
(10) shall provide guidance, as appropriate, with respect to
proposals by agencies to assist foreign governments and
international intergovernmental organizations on matters of
intellectual property protection;
(11) may conduct programs, studies, or exchanges of items or
services regarding domestic and international intellectual property
law and the effectiveness of intellectual property protection
domestically and throughout the world;
(12)(A) shall advise the Secretary of Commerce on programs and
studies relating to intellectual property policy that are conducted,
or authorized to be conducted, cooperatively with foreign
intellectual property offices and international intergovernmental
organizations; and
(B) may conduct programs and studies described in subparagraph
(A); and
(13)(A) in coordination with the Department of State, may
conduct programs and studies cooperatively with foreign intellectual
property offices and international intergovernmental organizations;
and
(B) with the concurrence of the Secretary of State, may
authorize the transfer of not to exceed $100,000 in any year to the
Department of State for the purpose of making special payments to
international intergovernmental organizations for studies and
programs for advancing international cooperation concerning patents,
trademarks, and other matters.
(c) Clarification of Specific Powers.--(1) The special payments
under subsection (b)(13)(B) shall be in addition to any other payments
or contributions to international organizations described in subsection
(b)(13)(B) and shall not be subject to any limitations imposed by law on
the amounts of such other payments or contributions by the United States
Government.
(2) Nothing in subsection (b) shall derogate from the duties of the
Secretary of State or from the duties of the United States Trade
Representative as set forth in section 141 of the Trade Act of 1974 (19
U.S.C. 2171).
(3) Nothing in subsection (b) shall derogate from the duties and
functions of the Register of Copyrights or otherwise alter current
authorities relating to copyright matters.
(4) In exercising the Director's powers under paragraphs (3) and
(4)(A) of subsection (b), the Director shall consult with the
Administrator of General Services.
(5) In exercising the Director's powers and duties under this
section, the Director shall consult with the Register of Copyrights on
all copyright and related matters.
(d) Construction.--Nothing in this section shall be construed to
nullify, void, cancel, or interrupt any pending request-for-proposal let
or contract issued by the General Services Administration for the
specific purpose of relocating or leasing space to the United States
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. 4712], Nov. 29, 1999, 113 Stat. 1536, 1501A-572; Pub. L. 106-400,
Sec. 2, Oct. 30, 2000, 114 Stat. 1675; Pub. L. 107-273, div. C, title
III, Sec. 13206(a)(1), Nov. 2, 2002, 116 Stat. 1904.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., Sec. 3 (R.S. 478).
``Certificates of trade-mark registrations'' is added, see note
under section 1. Changes in language are made and the specific date
eliminated.
References in Text
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (b)(4)(A), is act June 30, 1949, ch. 288, 63
Stat. 377, as amended. Except for title III of the Act, which is
classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of
Title 41, Public Contracts, the Act was repealed and reenacted by Pub.
L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as
chapters 1 to 11 of Title 40, Public Buildings, Property, and Works.
The Public Buildings Act, referred to in subsec. (b)(4)(A), probably
means Pub. L. 86-249, Sept. 9, 1959, 73 Stat. 479, as amended, known as
the Public Buildings Act of 1959, which was classified principally to
chapter 12 (Sec. 601 et seq.) of former Title 40, Public Buildings,
Property, and Works, and was repealed and reenacted as sections 3301-
3305 and 3307-3315 of Title 40, Public Buildings, Property, and Works,
by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304.
The McKinney-Vento Homeless Assistance Act, referred to in subsec.
(b)(4)(A), is Pub. L. 100-77, July 22, 1987, 101 Stat. 482, as amended,
which is classified principally to chapter 119 (Sec. 11301 et seq.) of
Title 42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under section 11301
of Title 42 and Tables.
Amendments
2002--Subsec. (b)(2)(B), (4)(B). Pub. L. 107-273 struck out ``,
United States Code'' before semicolon at end.
2000--Subsec. (b)(4)(A). Pub. L. 106-400 substituted ``McKinney-
Vento Homeless Assistance Act'' for ``Stewart B. McKinney Homeless
Assistance Act''.
1999--Pub. L. 106-113 amended section catchline and text generally.
Prior to amendment, text read as follows: ``The Patent and Trademark
Office shall have a seal with which letters patent, certificates of
trade-mark registrations, and papers issued from the Office shall be
authenticated.''
1975--Pub. L. 93-596 substituted ``Patent and Trademark Office'' for
``Patent Office''.
Effective Date of 1999 Amendment
Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999,
see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out
as a note under section 1 of this title.
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.
Electronic Filing and Processing of Patent and Trademark Applications
Pub. L. 107-273, div. C, title III, Sec. 13103, Nov. 2, 2002, 116
Stat. 1899, provided that:
``(a) Electronic Filing and Processing.--The Director [of the Patent
and Trademark Office] shall, beginning not later than 90 days after the
date of enactment of this Act [Nov. 2, 2002], and during the 3-year
period thereafter, develop an electronic system for the filing and
processing of patent and trademark applications, that--
``(1) is user friendly; and
``(2) includes the necessary infrastructure--
``(A) to allow examiners and applicants to send all
communications electronically; and
``(B) to allow the Office to process, maintain, and search
electronically the contents and history of each application.
``(b) Authorization of Appropriations.--Of amounts authorized under
section 13102 [set out as a note under section 42 of this title], there
is authorized to be appropriated to carry out subsection (a) of this
section not more than $50,000,000 for each of fiscal years 2003, 2004,
and 2005. Amounts made available pursuant to this subsection shall
remain available until expended.''
Section Referred to in Other Sections
This section is referred to in section 32 of this title.
