§ 6. — Board of Patent Appeals and Interferences.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC6]
TITLE 35--PATENTS
PART I--UNITED STATES PATENT AND TRADEMARK OFFICE
CHAPTER 1--ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS
Sec. 6. Board of Patent Appeals and Interferences
(a) Establishment and Composition.--There shall be in the United
States Patent and Trademark Office a Board of Patent Appeals and
Interferences. The Director, the Commissioner for Patents, the
Commissioner for Trademarks, and the administrative patent judges shall
constitute the Board. The administrative patent judges shall be persons
of competent legal knowledge and scientific ability who are appointed by
the Director.
(b) Duties.--The Board of Patent Appeals and Interferences shall, on
written appeal of an applicant, review adverse decisions of examiners
upon applications for patents and shall determine priority and
patentability of invention in interferences declared under section
135(a). Each appeal and interference shall be heard by at least three
members of the Board, who shall be designated by the Director. Only the
Board of Patent Appeals and Interferences may grant rehearings.
(Added Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,
Sec. 4717(2)], Nov. 29, 1999, 113 Stat. 1536, 1501A-580; amended Pub. L.
107-273, div. C, title III, Sec. 13203(a)(2), Nov. 2, 2002, 116 Stat.
1902.)
Prior Provisions
A prior section 6, acts July 19, 1952, ch. 950, 66 Stat. 793; Pub.
L. 92-132, Oct. 5, 1971, 85 Stat. 364; Pub. L. 93-596, Sec. 1, Jan. 2,
1975, 88 Stat. 1949; Pub. L. 94-131, Sec. 2, Nov. 14, 1975, 89 Stat.
690; Pub. L. 97-247, Secs. 7, 13, Aug. 27, 1982, 96 Stat. 320, 321; Pub.
L. 102-204, Sec. 8, Dec. 10, 1991, 105 Stat. 1641, related to duties of
Commissioner, prior to repeal by Pub. L. 106-113, div. B,
Sec. 1000(a)(9) [title IV, Secs. 4715(a), 4731], Nov. 29, 1999, 113
Stat. 1536, 1501A-580, 1501A-581, effective 4 months after Nov. 29,
1999.
Amendments
2002--Subsec. (a). Pub. L. 107-273, which directed amendment of
subsec. (a) by inserting ``the Deputy Commissioner,'' after
``Commissioner,'', could not be executed because ``Commissioner,'' did
not appear in subsec. (a).
Effective Date
Section effective 4 months after Nov. 29, 1999, see section
1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out as an
Effective Date of 1999 Amendment note under section 1 of this title.
