198

FORTY-FIRST

CONGRESS.

SESS. II.

CR. '229,230.

1870.

One third to be paid to nine and two thirds. to Massachusetts, and all for ~~r~~~~~t::Jhe North American Railway Co. . Certificates of ~ndebt.edness, rorm, interest, &c.

All claims by Massachusetts, Maine. &0. for, &c. to' be liquidated hereby.

Vol.

viii. p.572.

of six hundred and seventy-eight thousand three hundred and sixty-two dollars and forty-one cents, in full of said claim; and whereas by an arrangement made by the said State of Massachusetts and the State of Maine, at the time of their separation, in eighteen hundred and twenty, the said State of Maine becomes the owner of one third of this claim; and whereas both of said States have assigned their respective interests in said claim to the European and North American Railway Company of Maine, to aid said company in constructing its line of railway, the Secretary of the Treasury is hereby authorized and directed to pay one third part of the said claim of six hundred and seventy-eight thousand '" three hundred and sixty-two dollars and forty-one cents' to t Iie S tate of Maine, and the other two thirds part thereof to the State of l\Iassachusetts, by an issue to each of said States for the use and benefit of said European and North American Railway Company, of an amount of United States certificates of indebtedness equal to its share in the whole sum allowed and to be paid; said certificates to be of the denomination of one thousand dollars each, to be made and issued by the Secretary f h T reasury In sue h L': . . 0 t e rorm, an d' slgne,d atteste d, an d registere d as he shall direct, and with or without interest warrants as he may prefer. Each certificate to run five years from its date, to draw interest, payable semiannually, at the rate of four per centum per annum, and to be payable, both principal and interest, in lawful money of the United States, to be hereafter appropriated and provided {or by Congress. SEC. 2. And be t further enacted, That the acceptance by the said Stales of Massachusetts and Maine and the said European and North American Railway Company of the amount hereby authorized to be paid to each of said States for the use and benefit of said railway company shall be held and regarded as a full adjustment and payment of any and all claims for interest as aforesaid, and also a complete adjustment, liquidation, and payment of any and all other claims of the said States of Massachusetts and Maine, and of said railway company, or either of them, against the United Stutes for and on account of any matters arising from any money expended by said State of Massachusetts on account of the war with Great Britain, in eighteen hundred and twelve to eighteen hundred and fifteen, or any interest thereon, or on account of any matters arising out of or accruing from the treaty with Great Britain known as the treaty of Washington, or for or on account of any other matters which have been assigned by said States of Massachusetts and Maine to said railway company. ApPROVED,July 8, 1870.
CHAP. CCx..~X.- An Act to revise, consolidate,and amend the Statutes rtlating to Patents and Copyrights. .'

July 8, 1870.

Patent office attached to Department of the Interior.

Officers and emtplotyeffies of pa en 0 ce.. Appointments by tbe President ; by the Secretary of the Interior upon nomination of commissioner of patents.

Be it enacted by the Senate and House of Representatives of the United States of America n Oongress assembled, That there shall be attached to the Department of the Interior the office, heretofore established, known a" the patent office, wherein all records, books, models, drawings, specifications, and other papers and things pertaining to patents shall be safely kept and preserved. SEC. 2. And be it further enacted, That the officers and employees of said office shall continue to be: one commissioner of patents, one as. . d I '" b sistant comrrnssroner, an t iree examiners-in-chief, to be appointed y the President, by and with the advice and consent of the Senate; one chief ?lerk, one examiner in ch~rge of inte;f'erences, twenty-two principal examiners, twenty-two first-assistant exam mel's, twenty-two second assistant examiners, one librarian, one machinist, five clerks of class four, six h clerk socf Iass tree, fifty clerks of class two, forty-five clerks of class one, ei and one messenger and purchasing clerk, all of whom shall be appointed

ClI.
l

i!29, 230.

1870.

FORTY-FIRST

CONGRESS.

SESS. II.

ClI.

230.

1870.

199

hundred and sixty-two n; and whereas by an usetts and the State of I'll hundred and twenty, -ne third of this claim; heir respective interests ican Railway Company its line of railway, the .nd directed to pay one seventy-eight thousand one cents' to the State the State of Massachuuse and benefit of said my, of an amount of o its share in the whole be of the denomination ssued by the Secretary 1, and registered as he nts as he may prefer. ) draw interest, payable annum, and to be payy of the United States, ;oogress. acceptance by the said l European and North y authorized to be paid . said railway company id payment of any and complete adjustment, rims of the said States , company, or either of . of any matters arising ichusetts on account of and twe!ve to eighteen account of any matters }relit Britain known as OJ other matters which sus and Maine to said

end the Statutes relating to

entatives of the United

1'1' shall be attached to ne established, known rodeIs, drawing-s, speg to patents shall be

cers and employees of I' of patents, one ast; to be appointed by It of the Senate; one , twenty-two principal mty-two second assistlerks of class four, six ive clerks of class one, nn shall be appointed

by the Secretary of the Interior, upon nomination of the commissioner of patents. . SEC. 3. And be j:t further enacted, That the Secretary of the Interior Additiona~ may also nppoint, upon like nomination, such additional clerks of classes cledrkls'bcoPYlsts, . d . f . fl' an a orers, two and one, and of lower gra es, copyists 0 drawings, ema e COpyists, skilled laborers, laborers, and watchmen, as may be from time to time appropriated for hy Congress. SEC. 4. And be it further enacted, That the annual salaries of the offi- Salariesofofficers and employees the patent office shall be as follows; ~~~ea:s~me Of the commissioner of patents, four thousand five hundred dollars. Of the assistant commissioner, three thousand dollars. Of the examiners-in-chief, three thousand dollars each. Of the chief clerk, two thousand five hundred dollars. Of the examiner in charge of interferences, two thousand five hundred dollars. Of the principal examiners, two thousand five hundred dollars each. Of the first assistant examiners, one thousand eight hundred dollars each. Of the second assistant examiners, one thousand six hundred dollars each. Of the librarian, one thousand eight hundred dollars. Of the machinist, one thousand six hundred dollars. Of the clerks of class four, one thousand eight hundred dollars each. Of the clerks of class three, one thousand six hundred dollars each. Of the clerks of class two, 'one thousand four hundred dollars each, Of the clerks of class one, one thousand two hundred dollars each. Of the messenger and purchasing clerk, one thousand dollars Of laborers and watchmen, seven hundred and twenty dollars each. Of the additional clerks, copyists of drawings, female copyists, and skilled laborers, such rates as may be fixed by the acts making appropriations for them. SEC. 5. And be t further enacted, That all officers and employees of Officers, &c. the patent office shall, before entering upon their duties, make oath or to take oath. affirmation truly and faithfully to execute the trusts committed to them. SEC. 6. And be t further enacted, That the commissioner and chief Comn~sioner clerk, before entering upon their duties, shall severally give bond, with andchi~fc~rk sureties, to the Treasurer of the United States, the former in the sum to give on of ten thousand dollars, and the latter in the sum of flve thousand dollars, conditioned for the faithful discharge of their duties, and that they will render to the proper officers of the treasury a true account of all money received by virtue of their office. SEC. 7. And be it further enacted, That it shall be the duty of the Dutles of cotacommissioner, under the direction of the Secretary of the Interior, to mrssioner, superintend or perform all the duties respecting the granting and issuing of patents which herein are, or may hereafter be, by law directed to be done; and he shall have charge of all books, records, papers, models, machines, and other things belonging to said office. SEC, 8. And be it further enacted, That the commissioner may send, Franking privand receive by mail, free of postage, letters, printed matter, and packages ilege, relating to the business of his office, including patent-office reports. SEC. 9. And be it further enacted, That the commissioner shall lay Annual report before Conzress , in the month of January ", annually a report giving a of commissioner e "to Congress detailed statement of all moneys received for patents, for copies of records or drawings, or from any other source whatever; a detailed statement Contents ofreof all expenditures for contingent and miscellaneous expenses; a list of port. all patents which were granted during' the preceding year, designating under proper heads the subjects of such patents; an alphabetical list of the patentees, with their places of residence; a list of all patents which have been extended during the year; and such other information of the

of

200

FORTY-FIRST

CONGRESS. SESS. I. I

Crr.230. 1870.

Examiners-inchi~f and their duties,

:1~~~~Is~?o~~~
when, &c. Seal of patent office.

.As.sistantcom-

Models, &c. to be classifi~d and arranged IU

open tor inspection. Certain modetols d"Yt e rel~ m b s re 0 app cants, or how 1otherwise disposed of. Library.

rooms' , ro0l?" ~ be

Officers, &c. ~atnnottt~ke anty 10 eres In" patent, except, &c.

Patent agents may be refused recognition by

commissioner,

for, &c. Papers filed in the office to be printed, if not, &c. Rules and regulations for business.

Copies of specifications and drawings, &c. and laws and decisions, &c. may be printed. Patents, how signed and issued.

condition of the patent office, as may be useful to Congress or the public. SEC. 10. And he it further enacted, That the examiners-in-chief shall be persons of competent legal knowledge and scientific ability, whose duty it shall be, on the written petition of the appellant, to revise and determine upon the validity of the adverse decisions of examiners upon applications for patents, and for reissues of patents, and in interference cases; and when required by the commissioner, thcy shall hear and report upon claims for extensions, and perform such other like duties as he may assign them. . SEC. 11. And be it further enacted, That in case of the death, resign ation, absence, or sickness of the commissioner, his duties shall .devo]ve upon the assistant commissioner until a successor shall be appointed, or such absence or sickness shall cease. SEC: 12. And be it further enacted, That the commissioner shall cause a seal to be provided for said office, with such device as the President may approve, with which all records or papers issued from said office, to be used in evidence, shall be authenticated. SEC. 13. And be it further enacted, That tbe commissioner shall cause to be classified and arranzed in suitable cases, in the rooms and galleries '.c "h I I . f .. 1.' b . provided i01.' that purpose, t e moe e s, specimens 0 composition, ill rICS, manufactures, works of art, and designs, which have been or shall be deposited in said office; and said rooms and galleries shall be kept open duri . bl h 1.' bli . uring suita e ours ror pu IC mspecnon. SEC. 14. And be it further enacted, That the commissioner may restore to the respective applicants such of the models belonging to rejected app licati ications as 1 S Iia 11 not t I' k necessary to b e preserve d , or h e may ie lin sell or otherwise dispose of them after the application has been finally rejected for one year, paying the proceeds into the treasury, as other patent moneys are directed to be paid. SEC. 15. And be it further enacted, That there shall be purchased, for the use of said office, a library.of such scientific works and periodicals, both foreign and American, as may aid the officers in the discharge of their duties, not exceeding the amount annually appropriated by Congress for that purpose. SEC. 16. And be it further enacted, That all officers and employees of the Patent Office shall be incapable, during the period for which they hall . . sao h ld t hei appointments, err to acqUIre or ta k e, diirect ]y or IIIdiirect Iy, except by inheritance or bequest, any right or interest in any patent issued by said office. SEC. 17. And be it further enacted, That for gross misconduct the commissioner may refuse to recognize any person as a patent agent, either generally or in any particular case; but the reasons for such refusal shall be duly recorded, and be subject to the approval of the Secretary of the Interior. SEC. 18. And be it further enacted, That the commissioner may require all papers filed in the patent office, if not correctly, legibly, and clearly written, to be printed at the cost of the party filing them. SEC. 19. And be it further enacted, That the commissioner, subject to the approval of the Secretary of the Interior, may from time to time establish rules and regulations, not inconsistent with law, for the conduct of proceedings in the patent office. SEC. 20. And beit further enacted, That the commissioner may print or cause to be printed copies of the specifications of all letters-patent and of the drawings of the same, and copies of the claims of current issues, and copies of such laws, decisions, rules, regulations, and circulars as may be necessary for the information of the public. SEC. 21. And be it further enacted, That all patents shall be issued in the name of the United States of America, under the seal of the patent

to o assist in the detccl persons committing such other duties as b.ieh said agent shall -lve hundred dollurs,

oreby, authori~ed

THE
Sec,
33. :31, 35. 36.

PATENT.OFFICE,
Sec. 45. Patcnt-agents nlllY be refused nition. 46. Printing papers filed. 47. 48. 49. 50. 51. recog-

tho discharge of his

Estllulisl.llncnt of the Patent-Ollbe. Appointment of omcers and employos. Thcir salaries. Seal of tho Patent-Officc.

37. Bonds ofComlllissioner awl chief clerk. 38. Hestriction upon officers and cmployes. 3ll. Duties of the Commissioncr of Pateuts. lD. Duties of examiners-in-chief. 41. Establishment of rules and regulations. 4.2. Arrangemcnt and exhiuition of moilels, &c. 43. Disposal of models on I'('jeetetlllpplications., .J4. Li braries.

Printing copies of claims and decisions. Printing specifieatioLs and drawings. Additional sllceifications and drawings. Lithographing and engraving. Priee of copies of fpccificlltion>! and drawings. G2. Annnal report of the COlllnJissiuner of Patents. G3. Custody of collection>! expcd itions. of exploring

SEC. 33. There shall1.>e in the Departmeut of the Interior ]C>!aHi.lmlenl of the an office known as the Patent-Office, where all records, tiCf. F'atent-Of, books, models, drawings,8pecifications, and other papers -S-Ju-ly-,-JS-7-O,-e-h. . . t ant I t himgs pertaining to patents S 1]1 1. sa fi]] i.ep t anc1230, J, vol.16, p, ia ue ery 198. preserved.

SEC. 31. '1'he1'e shall be in the Patent.Offlcr, a Commis- Appointmentof . \ . t t .. officer. slOner 0f I~atents, one L-,-SS1sall C ommlSSlOner, an d th ree ploJe..and. em. examiners.in-chief, 1\-110 shall be appointed by the President, SJuIY,1870. eh.. by and with the advice and consent of the Senate. All 2, voJ.16, p, other officers, clerks, and employes authorized by law for the Office shall be appointed by the Secretary of the Interior, upon the nomination of the Commissioner of Patents.

r~~:

SEC. 35. The salaries of the ofticers mentioned in the preceding section shall be as follows: The Commissioner of Patents, four thousand five hundred dollars a year. The Assistant dOllars a year. Commissioner of Patents, thousand three thousand a year

TheIr.alariea. SJuly,]870,ell.
230, 4, vol, 16, p. 199.

each.

Three examiners-in-chief,

three

dollars

240
Seal oft~ePalent. Office. 8 .Iuty, 1870, ell. ~:1O, 12, vol. 0
200.

SEC. 36. Tho seal heretofore provided for the Patent Office shall be the seal of the Office, with which lettersHi, p, patent and papers issued from the office shall 1..13 autheuticated.

SEC. 37. Tile Commissioner of Patents aud the chief lIb o. cieru etore en teri enng upon t 1 ' duti tell' uties, s h a II severa 11' give y 8 July, 1870, ch. bond, with sureties, to the Treasurer of the United States, 2:10, 0 6, vol. 16, p, 1 1 199, the former in the sum of ten thousand dollars, anr t ie latter in the sum of five thousand dollars, conditioned for the faithful discharge of their respective duties, and that they shall render to the proper officers of' the 'I'reasur y a true account of all money received by virtue of their offiecs.
Bond. of Comm'aalouer and. chief clerk.

R';;~~~~~~:;~:;'~ SEC. 33. All

1'Io)'..

officers and employes of the Puteut.Oftlee shall be incapable, <luring the period for which they hold ",8 iUl y181701~.eh. , their appointments, to acquire or take, directly or indi..... ':)1 ,VO. u, p. ~o, 6 200. rectly, except by inheritance or bequest, any right or interest in any patent issued by the Office.

SEC. 39. The Commissioner of Patents, under the direc. .. tion of the Secretary of the Interior, shall superrn tend or 8 ,July, 1870, oh. perform all duties respecting the granting and issuing of ~30, 7, yo1.16, p, l~~, pa t enst diirec t e d bIt aw 0 b e d one; an d hIlI s ra 11a ve y e ~ Bllllehf., 31, charge of all books, records, papers, models, machines, and other things belonging to the Patent- Office.
Dutie, of the ComTIl i 8 g ion er of I'atolll'.

40. The examiners-in-chief shall be persons of com1ega 1 1 mow 1ecI ge, am 1" seienti ifl cal un lty, whose duty 8 Jllly, 1870, eh,. h 11 e, on th' written petition 0f the appe 11 b , . 230, 10, vol. 16, It s a e aut, to reo p. 19~. vise and determine upon the validity of the adverse deeiaions of examiners upon applications for patents, and for re-issues of patents, and in interference cases; and when required by the Commissioner, they shall hear and report upon claims for extensions, and perform such other like duties as he may assign them.
Duties of exemtners-tn-cb lef

SEC.

--------petent

SEC. 41. The Ooimnissiouer of Patents, su bject to the ap . proval of the Secretary of the Interior, may from tune to 8 July, 1870, eh, time establish regulations, not inconsistent with law, for 230, 19, vol. 16, .d f 1" 0 p.200. the con net 0 proeeec mgs III the Patentffiee,
Establbhment of rules and regu-

lations.

~l for the Patent~ith which lettersIe

shall be authen-

~Ilts and the chief shall severally give the United States, :1011ars, nd the lata conditioned for the Ities, and that they he Treasury a true of their offices.

SEC. 42. The Commissioner of Patents shall cause to be Arran.g",nenl and e xb ihl t Lo n of classified and an-aug-ell in suitable cases, in the rooms and models, &c. galleries provided for that purpose, the models, specimens 8July.I870:-;;:23u, l~, vol. 6, p. of composition, fabrics, manufactures, works of art, and de- 203. signs, which have been or shall be deposited in the PatentOffice; and the rooms and galleries shall be kept open during suitable hours for public inspection.

If the Patellt-Oftke 'or which they hold ce, directly or hHH" any right or inter-

SEC. 43. The Commissioner of Patents may restore to the Dispo.al. of med 01. on rejectd respective applicants such of the models belonging to re- application . \ jected applications as he shall not think necessary to be 8 July. 1870'lb. preserved, or he may sell or otherwise dispose of them after 2:10, 14, vol. 6, p. the application has been finally rejected for one year, pay' ing the proceeds into the Treasury, as other patent-moneys are directed to be paid.
2(1). ,

Its, under the diroclhall superin tend or Iting and issuing of and he shall have dels, machines, and

SEC. 44. There shall be purchased for the use Of the Pat. cnt-Office a library of such scientific works and periodicals, both foreign and American, as may aid the officers in the discharge of their duties, not exceeding the amount annually appropriated for that purpose.

Library.

23~.~Ul&, I;~?,~~;
p.20u.

,moo.

be persons of eom, ability, whose duty

SEC. 45. For gross misconduct the Oommissioner of Pateuts may refuse to recognize any person as a patent-agent, -either generally or in any particular case; but the reasons for such refusal shall be duly recorded, and be subject to the approval of the Secretary of the Interior.

Palen t. age n t may be refused recognition. 8 -luly. 187 0,eh 1 230, > 17, vo. I6 , p. 200.

ithe appellant, to rethe adverse deci!for patents, and for l~ecases; and when ilall hear and report frm such other like

br

SEC. 46. TheOommissioner of Patents may require all Printing papers papers filed in the Patent-Office, if not correctly, legibly, filed. itt . 8July,I870,e.b. an d cIear IY wntten, to b e printe d at t1 cos t 0 f th e par ty 230, 18, vol. 16. ie . filing them. p.2oo.

ta, subject to the apill', may from time to sistent with law, for

SEC. 47. The Commissioner of Patents may print, or cause Printing eopies of t o b e prm t e d ,copIes 0 f th e calms 0 f curren t Issues, an d clalms, , la&:0. de. . I' cl.lo copies of such laws, decisions, regulations, and clreulars as 8 July, 1870. ch, . may b e necessary for tb e mrorma t' .. ~ 230 20. Tol. 16. IOn 0 f tb e pu bli ie, P.2oo.
31
C

int-Office.

390

SIXTY-SE VENTH CONGBESS.

SESS.

II.

CH.58.

1922.

examiner of classification, $4,200; two examiners of interference at $5,000 each; examiner of trade-marks, $3,900; first assistant examiner of trade-marks and designs, $3,000; one second assistant examiner of trade-marks and designs, at $2,700, and one at $2,500; one third assistant examiner of trade-marks and designs, at $2,200, and one at $2,050; six fourth assistant examiners of trade-marks and designstwo at $1,800 each, two at $1,660 each, and two at ~1,500 each, examiners-forty-eight principals, at $3,900 each; one hundred first assistants-forty at $3,300 each, thirty at $3,100 each, and thirty at $2,900 each; one hundred second assistants-c-Iorty at $2,800 each thirty at $2,500 each, and thirty at $2,350 each; one hundred third assistants-forty at $2,200 each, thirty at $2,0.50 each, and thirty at $1,925 each; one hundred fourth assistants-forty at $1,800 each, thirty at $1,650 each, and thirty at $1,500 each; financial clerk, who shall give bond in such amount as the Commissioner of Patents may determine, $2,500; librarian, $2,700; eight chiefs of nonexamining divisions, at $2,500 each; eight assistant chiefs of nonexamining divisions, at $2,100 each; private secretary, to be selected and appointed by the commissioner, $2,000; translator of languages, $2,400; assistant translator of languages, $2,000; clerks-twenty-two of class four, at $1,800 each; thirty-three of class three, at $1,600 each; one hundred of class two, at $1,400 each; one hundred and twentyfive of class one, at $1,200 each; one hundred, at $1,100 each; skilled draftsmen, one at $1,800 and three at $1,600 each; three draftsmen, at $1,400 each; forty copyists, at $1,100 each; thirty-six messengers, at $1,080 each; thirteen laborers, at $1,080 each; forty-seven examiners' aids and thirty-nine copy pullers, who shall be selected without re~ard to apportionment, $720 each. Special alfd tempo'For .. special and temporary services of typewriters certified by rary typewriters. . . . Amount authorized the CIVIl Service Commission, who may be employed in such numfor. bel'S, at $3 per diem, as may, in the judgment of the Commissioner \ of Patents, be necessary to keep current the work of furnishing manuscript copies of records, $7,500. Professional books, "For purchase of law , professional , and other reference books and etc. . . , . Amount authorizod publications and SCIentific bopks, and expense of transportmg tor. publications of patents issued by the Patent Office to foreign Gov., . ernments, $10,000. 'Ii Invest igating prior , ion 0 i . use of inventions. ct". .!C or investigating t h e question of pu bli use or sa 1e 0 f inventions lC Amount authorized for two years or more prior to filinz applications for ~atents and ~r. 0' such other questions arising in connection with app ications for patents as may be deemed necessary by the Commissioner of Patents, and expense attending defense of suits instituted against the . B Commissioner of Patents, $2,500. I n t ernatrona I 'F . . reau. . 'or the sh are of the U' mted S tates ill t h e expense 0f con ductmg fo~mount authorized the International Bureau at Berne, Switzerland, $750." R. S., sec. 487, p. 81, SEC. 3. That section 487 of the Revised Statutes be, and the amend~d.. same is hereby, amended to read as follows: ' ti~~lsslon to prac"SEC. 487. The Commissioner of Patents, subject to the apb eRegulatbiondsbfocr; to Eroval of the Secretary of the Interior, f may prescribe rules and re~uprescn e y h .. .. missioner. ations governmg t e recognitron 0 agents, 1'tLtorneys, or ot er persons representing applicants or other parties before his office, and may require of such l?ersons, agents, or attorneys, before being Qualificati~ns. recognized as representatives of applicants or other persons, that they shall show that they are of good moral character and in good repute, are possessed of the necessary qualifications to enable them to render to applicants or other persons valuable service, and are likewise competent to advise and assist applicants or other persons Suspension or exclu- in the presentation or prosecution of their .applications or other stontorspectuedcauses. busmess before the office. And the Commissioner of Patents may, after notice and opportunity for a hearing, suspend or exclude, either generally or in any particular case, from further practice
6't ,TO" ilOHl-.

SIXTY-SEVENTH

CONGRESS.

SESS.

II.

Cu. 58.

19~2.

391

before his office any person, agent, or attorney shown to be incompetent or disreputable, or guilty of gross misconduct, or who refuses to comply with the said rules and regulations, or who shall, with intent to defraud in any manner, deceive, mislead, or threaten any n.pplican t or prospective applicant, or other person having immedlate or prospective business before the office, by word, circular, letter, or by advertisinz. The reasons for any such suspen. ' ... . '1 d 1:,:n. t h e actIOn. 0 f tl ofColumbia ~ d . District SIOn 0.1' ~XClusi USIOnsh a11 b ~ d lily rec.o.d e. I' .ne Review bySupreme comrmssioner may be reviewed upon the petition of the person so Court appeal. on refused recognition or so suspended or excluded by the Supreme Court of the District of Columbia under such conditions and upon such proceedings as the said court may by its rules detertnine.' . SEC. 4. That the third paragraph of the Act of January 12, 1895 ~oT~':,~?t!79c~{~icnd_ (chapter 23, section 73, Twenty-eighth Statutes at Large, page 619), ed. as amended, be, and the same is hereby, amended to read as follows: P bli d I' "Thi II'. Th e Offici I G azette 0f the ... d I Unite d St ates P atent Office i tributionuthorized. ,.. u icatton an . cia ce In a numbers sufficient to supply all who shall subscribe therefor at $fj per annum; also for exchange for other scientific publications desirable for the use of the Patent Office; also to supply one copy to each Senator, Rerresentative, and Delegate in Congress; also to supply one copy to eight such public libraries having over one thousand volumes, exclusive ofGovernment publications, as shall be designated by each Senator, Representative, and Delegate in Congress, with one hundred additional copies, together with weekly, monthly, and. annual indexes for all the same; of the Official Gazette the 'usual number' shall not be printed." SEC. 5. That section 4883 of the Revised Statutes be, and the same R.S.,sec.4j83,p.945, is hereby, amended to read as follows: amended. "SEC . 48R3 All patents shall be issued in the name of the United. issued by CommlsstonLetters patentobe t c.. States of America, under the seal of the Patent Office, and shall either er,.otc. b e slgne db' y tne CommlsslOner 0 f P atents or h ave hiIS name prmte d ed. . , P. 95amend. .. . "0132 , thereon and atte\;ted by an Assistant Commissioner of Patents or by one of the law examiners duly designated by the commissioner, and shall be recorded. to~ether with the specifications, in the Patent Office in books to be kept lor that purpose." . . SEC. 6. That section 4898 of the Revised Statutes be, and the same m:.,;{~~dec.4898,P.943. is hereby, amended to read as follows: . . "SEC. 4898. Every patent or any interest therein shall be assign- Assignments. able in law by an instrument in writing, and the patentee or his assigns or legal representatives may in like manner grant and convey an exdusive right under his patent to the whole or any specified part of the United States. An assignment, grant, or conveyance shall be ~e,;yrding, reetc., void as against any subsequent purchaser or mortgagee for a valuable q~~1.29,p.693,amend. consideration, without notice, unless it is recorded in the Patent Office ed. within three months from the date thereof or prior to such subsequent Timeimit. l purchase or mortgage. . . "If any such assignment, grant, or con~eyance of any patent shall :,,"c~~:;~ee~feFe~c~~~ be acknowledged before any notary 'publIc of the several States or~nments. Territories or the District of Columbia, or any commissioner of any court of the United States for any District or Territory, or before any secretary of legation or consular officer authorized to administer oaths or perform notarial acts under section 1750 of the Revised Statutes, R.S.,sec.J750,p.311. the certificate of such acknowledgment, under the hand and official seal of such notary or other officer, shall be prima facie evidence of the execution of such assignment, grant, or conveyance." SEC. 7. That section 4906 of the Revised Statutes be, and the same R.sd'dsec.4006,p.949, . h ere b y, amen d ed to read as f 0 11ows: amene . IS "SEC. 4906. The clerk of any court of the United States, for any Testimony. District or Territory wherein testimony is to be taken for use in any
(IS-

e~
!

fl a

1.-"

Z!J2 /' ~,\/V)

Lc;)U I l-e,l-<.L

t-p

TITLE 35.-PATENTS

iJ-e 3 I ;q ~

ents shall be safely kept and preserved. (R. S. 475; Feb. 14, 1903, c. 552, 12, 32 Stat. 830.) R. s. 475 was derived from Act July 8, 1870, c. 230, I, 17 Stat. 198. . 2. Officers and employees. There shall be in the Patent Office a Commissioner of Patents, one first assistant counnlssloner, one assistant commissioner, and six examiners in chief, who shall be appointed by the President, by and with the advice and consent of the Senate. The first assistant commissioner and the assistant commissioner shall perform such duties pertaining to his office of commissioner as may be assigned to them, respeetively, from time to time by the Commissioner of Patents. All other officers, clerks, and employees anthorized by law for the office sha1l be appointed by the Secretary of Commerce upon the nomination of the Commissionor of Patents, in accordance with existing law. (R. S. 476, 477; Feb. 14, 1903, c. 552, 12, 32 Stat. 830: !\Iay 4,* l()09, c. 297, I, 35 Stat. 891; June Ii, 19lO, c. 297, 1, 36 Stat. 514; Feb. 15, 1916, c. 22, 1, 2. 3~) Stat. 8t: !\Iay 10, 1916, c. 117, 1. ::19 Stat. 101; Mm' 3. 1!l~5. c. 4(j2, 43 Stat. 1165: Feb. 14, 1927, c. 13\1, I, 44 Stat. 1098.) "Nay 4" should be "Mar. 4" t "29 Stat. 8;" should be "39 Stat. 8, 9;" R. S. 476 was derived from Act July 8, 1870, c. 230, 2, 16 St~t. 198. R. S. 477 was derived from Act July 8, 1870, e. 230, 4, 16 Stat. 199. 3. Saal, The seal provided for the Patent Office prior to July 8, 1870, shall be the seal of the office, with which letters patent and papers issued from the office shall be authenticated. (R. S. 478.) Act July 8, 1870, c. 230, 12, 16 Stat. 200. 4. Restrictions on officers and employees of Patent Office as to Interest in patents. All officers and employe es of the Patent Office shall be incapable, during the period for which they hold their appointments, to acquire or take, directly or indirectly, except by inheritance or bequest, any right or interest in any patent issued by the office. (R. S. 480.) Act July 8. 1870, c.230, 16, 16 :;)tat. 200. 5. Bonds of commissioner and chief clerk. The Commissioner of Patents and the chief clerkv who shall he qualified to act as a principal examiner, before entering upon their du ties, shall severally give bond, with sureties, to the Treasurer 0\ the United States, the former in the sum of $10,000, and the latter in the sum of $5,000, conditioned for the faithful discharge of their respective duties, and that they shall render to the General Accounting Office a true account of all money received by virtue of th e ir offices. (R. S. *479; Mar. 4, 1909, c. 297, I, 35 Stat. 891.tl " 440," should probably be Inserted. t v.Iune 10, 1921, c. 18, 304, 42 Stat. 24: Feb. 18, 1922, c. 58, 2, 42 Stat. 3~9;" should probably be inserted. R. S. 440 was derived from Act March 3, 1819. c. 103, 9 Stat. 395, ,96; Act April 25, 1812. c. 68, 2 Stat. TI6; Act July 4, 1836, c. 35Z, 5 Stat. 107, 111; Act March 3, 1853, c. 97, '10 Stat. 189, 209; Act March 2, 1867, c. 158,14 Stat. 434; Act July 8, 1870, C. 230. 16 Stat. 198; Act March 3, 1873, c. 226, 1, 17 Stat. 502, 503, 504. R. S. 479 was derived from Act July 8, 1870, C. 230, 6, 16 Stat. 199. 6. Duties of commissioner. The Commissioner of Patents, under the direction of the Secretary of Commerce, shall superintend or perform all duties respecting the grunting and issuing of natents directed by law; and he Sh'11l have charge of all books, records, papers, models, mac-hines, and other things belonging to the Patent Office. He may. subject to the approval of the Secretary of Commerce, from time to time establish regulations, not inconsistent with law, for the conduct of proceedings in the Patent Office. (R. S. 481, 483; Feb. 14, 190:3, c. 552, 12, 32 Stat. 830.) R. s. 481 was derived from Act July 8, 1870, c. 230, 7, 16 Stat. 19~. R. S. 483 was derIved from Act July 8, 1870, c. 230, 19, 16 Stat. 200. 7. Examiners in chief; board of appeals. The exa miner s in !'hief shall be persons of competent legal knowledge and scientific ability. The Commissioner of Pa ce nts, the first assistant commissioner, the assistant eotnmis sinne r, and the examiners in chief shall constitute a board of appeals, whose duty it shall be, on written petition of the appellant, to review and determine upon

the validity of the adverse decisions of exami applications for patents and for reissues of pa' in interference cases. Each appeal shall he he least three members of the board of appeals t' bel'S hearing such appeal to be designated b~ missioner. The board of appeals shall have so to grant rehearings. (R S. 482; Mar. 2, 1927 3, 44 Stat. 13:)5.): Section 15 or Act March 2, 1927, c. 273, provided 1I.~ "Tbat this Act ah a ll take effect two months after its a but It sha ll not affect appeals then pending and hear the examiners In chief or pending before the Coroml I Patents or in the Court of Appeals of the DIstrict or and that in a ll cases in which tbe time for appeal rro cision of the examiners in chief or or the Commissioner ents or for amendment or renewal of application had pi red at the time this Act takes effect. appeals and ot
ceedings may be taken under the statutes in foree att:

or approval of this Act as if such statutes

or repealed.",

had not been

C

&

R. S. 482 was derived Stat. 199.

from Act July S, 1870,

230' .':

10. Library. There shall be purchased for t' of the Patent Office a library of such scientific wor periodicals, both foreign and American, as m the officers in the discharge of their duties, not ex, the amount annually appropriated for that purpoi S. 48i . .,} Act July 8, 1870, e. 230, 15, 16 Stat. 200. ' II. Patent agents or attorneys; rules and reg for; suspension or exclusion from practice. Tb missioner of Patents, subject to the approval of t retary of Commerce, may prescribe rules and regi governing the recognition of agents; attorneys, o persons representing applicants or other partieS: his office, and may require of such persons, agents, torneys, before being recognized as representa applicants or other persons, that they shall sb they are of good moral character and in good are possessed of the necessary qualifications to. them to render to applicants or other persons service, and are likewise competent to advise a nnplicants or other persons in the presentation 0 cution of their applications or other business be office. The Commissioner of Patents may, afte and opportunity for a hearing, suspend or exelud generally or in any particular case, from further. before his office any person, agent, or attorney be incompetent or disreputable, or guilty ofg conduct, or who refuses to comply with the said regulations, or who shall, with intent to defrau manner ...deceive, mislead, or threaten any app] pr-ospective applicant, or other person having or prospectivefbusiness before the office, by w0l:! Iar, letter, or by advertising. The reasons for'a suspension or exclusion shall be duly recorded. tion 01' the commissioner may be reviewed upon, tion of the person 'so refused recognition or so s, or excluded by the Supreme Court of the D~ Columbia under such conditions and upon suelr ings as the said court may by its rules d eterrnim 4S7;* I<'eb. 18, 1922, c. 58, 3, 42 Stat. 300.) "Fob. 14, 1~03, c. 5;;2, 12, 32 Stat. 830;" snout be added. R. S. 487 was derived from Act July 8, 1870, c. Stat. 200.

iW

12. Printing of papers filed:-The Commissi Patents may require all papers filed in the Paten if not correctly, legibly, and Sll:Urly written, to b ed at the cost of the party 1mng them. (R. S,' Act July 8. 1870, c. 230, 18, 16 Stat. 200. .:'
13. Printing copies of claims, laws, declslol. Commissioner of Patents may print, or cause to~ ed, copies of the claims of current issues, and e( such laws, decisions, regulations, and circulars' be necessary for the information of the publiC; 489.) . Act July 8, 1870, c. 230, 20, 16 Stat. 200. 14. Certified copies of drawings of patent fees. Certified copies of drawings and specifi, patents issued may be furnished by the Co of Patents to persons applying therefor upon P the rates for ',1,"'certified copies, and 25 cents for each "cer-tlhcu.tion. Nothing in sections 4 of Title 5 shall be so construed alii to repea 1

1
TITLE 35.-PATENTS
tel' in the sum of $5.000, conditioned for the faithful discharge of their respective duties, and that they shall render to the General Accounting Office a true account of all money received by virtue of their offices. (It. S. 479; Mar. 4, 1909, c. 297, 1, 35 Stat. 891; June 10, 1921, c. 18, 304, 42 Stat. 24; ]feb. 18, 1922, c. 58, 2, 42 Stat. 389.)
R. 199.

Chapter I.-PATENT

OFFICE

Bee. 1. EstabllBhmen t. Officers and employees. 2. 3. Seal. on officers and employees of Patent Office 4. Restrictions as to interest in patents. and chief clerk. 5. Bonds of commissioner 6. Duties of commissioner. in chief; board of appeals. 7. Examiners 10. Library. rules and regulations for; 11. Pateot agents or attorneys; suspension or exclusion from practice. Priming of papers filed. 12. Printing copies of claims, laws, decisions. 13. Certified copies of drawings of patents issued; fees. 14. Exchange of printed copies of patents with Canada. 15. headings of drawings for patented cases. 16. Multigraplling of exploring expedition. 17. Custody of collections to select Patent Office models for preserva18. Commission tion and exhibition; expenses; report to Congress. for Patent Office. 19. Disbursements Annual report of commissioner. 20. Day for taking any action or paying any fee falling on 21. Sunday. Money required for office; appropriation from revenues. 22. Files and papers of abaudoned applications; disposition. 23.

s.

i 479 from

Act

July

8, 1870,

c. 230,

6, 16 Stat.

6. Duties of commissioner. The Commissioner of Patents, under the direction of the Secretary of Commerce, shall superintend or perform all duties respecting the granting and issuing of patents directed by law; and he shall have charge of all books, records, papers, models, machines, and other things belonging to the Patent Office. He may, subject to the approval of the Secretary of Commerce, from time to time establish regulations, not inconsistent with law, for the conduct of proceedings in the Patent Office. (R. S. 481, 483; ]feb. 14, 1903, c. 552, 12. 32 Stat. 830.)
R. s. 481 from Act July 8, 1870, c. 230, 7, 16 Stilt. 199; Act Mar , 3, 11;75, c. HIO, 12, 18 Stat. 402. R. S. 483 from Act July 8, rsro, c. 230, i 19, 16 Stat. 200.

Section 1. Establishment. There shall be in the Department of Commerce, an office known as the Patent Office, where all records, books, models, drawings, specifications, and other papers and things pertaining to patents shall be safely kept and preserved. (R. S. 475; Feb. 14, 1903, c. 552, 12, 32 Stat. 830.)
R.

s.

475 from Act July

8, 1870, c. 230, 1, 16 Stat.

198.

There shall be in the Patent Office a Commissioner of Patents, one first assistant commissioner, two assistant commissioners, and nine examiners in chief, who shan be appointed by the President, by and with the advice and consent of the Senate. The first assistant commissioner and the assistant eommtsstoness shall perform such duties pertaining to the office of ~ommissioner as may be assigned to them, respectively, from time to time by the Commissioner of Patents. All other officers, clerks, and employees authorized by law for the office shall be appointed by the Secretary of Commerce upon the nomination of the Commissioner of Patents, in accordance with existing law. (R. S. 476; I!'eb. 14, 1003, c. 552, 12, 32 Stat. 830; Mar. 4, 1909, c. 297, 1, 35 Stat. 891; June 17, 1910, c. 297, 1, 36 Stat. 514; ]feb. 15, 1916, c. 22, 1, 2, 39 Stat. 8, 9; May 10, 1916, c. 117, 1, 39 Stat. 101; Mar. 3, 1925, c. 462, 43 Stat. 1165; Feb. 14, 1927, c. 139, I, 44 Stat. 1098; Apr. 11, 1930, c. 132, 1, 46 Stat. 155.)
R. s. i 476 from Act July 8, 1870, c. 230, i 2, 16 Stat. See chapter 13 of Title 5. 198.

2. Officers and employees.

7. Examiners in chief; board of appeals. The examiners in chief shall be persons of competent legal knowledge and scientific ability. The Commissioner of Patents, the first assistant commissioner, the assistant commissioners, and the examiners in chief shall constitute a board of appeals, whose duty it shall be, on written petition of the appellant, to review and determine Upon the validity of the adverse decisions of examiners upon. applications for patents and for reissues of patents and in interference cases. 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 shall have sole power to grant rehearings. (R S. 482; Mar. 2, 1927, c. 273, 3, 44 Stat. 1335; Apr. 11, 1930, c. 132, 2, 46 Stat. 155.)
R.

s.

482 from Act July

8, 1870, c. 230, 10, 16 Stat.

199.

There shall be purchased for the use of the Patent Office a library of such scientific works and periodicals,,-tboth foreign and American, as may aid the officers in the discharge of their duties, not exceeding the amount annually appropriated for that purpose. (R. S. 486.) From Act July 8, 1870, c. 230, i 15, 16 Stat. 200.
11. Patent agents or attorneys; rules and regulations for; suspension or exclusion from practice. The Commissioner of Patents, subject to the approval of the Secretary of Commerce, may prescribe rules and regulations governing the recognition of agents, attorneys, 01' other persons representing applicants or other parties before his office and may require of such persons, agents, 01' attorneys before being recognized as representatives of applicants or other persons, that they shall show that they are of good moral character and in good repute'llJare possessed of the necessary qualifications to enable them to render to applicants or other persons valuable service, and are likewise competent to advise and assist applicants or other persons in the presentation or prosecution of their applications or other business before the office. The Commlssioner of Patents may, after notice and opportunity for a hearing, suspend or exclude, either generally or i.n any particular case, from further practice before his office any person, agent, or attorney shown to be incompetent or disreputable, or guilty of gross misconduct, or who refuses to comply with the said rules and regulations, or who shall with intent to defraud in any manner, deceive, mislead, or threaten any applicant 01' prospective applicant, or other person having immediate or prospective business

10. Library.

3. Seal. The seal provided for the Patent Office prior to July 8, 1870, shall be the seal of the office, with which letters patent and papers issued from the office shall be authenticated. (R. S. 478.)
From Act JUly 8, 1870, c. 230, 12, 16 Stat. 200.

on officers and employees of Patent Office as to interest in patents. All officers and employees of the Patent Officeshall be incapable, during the period for which they hold thei.r appointments, to acquire or take, directly or indirectly, except by inheritance or bequest, any right or interest in any patent issued by the office. (R. S. 480.) From Act July 8, 1870, c. 230, i 16, 16 Stat. 200. 5. Bonds of commissioner and chief clerk. The Commissioner of Patents and the chief clerk, who shall be qualified to act as a principal examiner, before entering upon their duties, shall severally give bond, with sureties, to the Treasurer of the United States, the former in the sum of $10,000, and the latPage 1593

4. Restrictions

 12

TITLE 35.-PATENTS

Page 1594

before the office, by word, circular, letter. or by advertising. 'I'he reasons for any such suspension or exclusion shall be duly recorded. The action of the commissioner may be reviewed upon the petition of the person so refused recognition or so suspended or excluded by the Supreme Court of the District of Columbia under such conditions and upon such proceedings as the said court may by its rules determine. (R. S. 487; Feb. 14, 1903. c. 552. 12. 32 Stat. 830; Feb. 18. 1!)22,c. 58. 3, 42 Stat. 390.)
R. S. 487 from Act luly Stat. 200. 8, 1870. c. 230, 17, 16 12. Printing of papers filed. The Commissioner of Patents may require all papers filed in the Patent Office, if not correctly, legibly, and clearly written, to be printed at the cost of the party filing them. (R. S. 488.) From Act July 8. 1870. c. 230, 18. 16 Stat. 200. 13. Printing copies of claims, laws, decisions. The Commissioner of Patents may print, or cause to be printed, copies of the claims of current issues, and copies of such laws, decisions, regulations, and circulars as may be necessary for the information of the public. (R. S. 480.) From Act July 8. 1870, c. 230. 20, 16 Stat. 200; Act June 20. 1874. c. 328, 18 Stat. 105. .See section 283 of Title 44. . 14. Certified copies of drawings of patents issued; fees. Certified copies of drawings and specifications of patents issued may be furnished by the Commissioner of Patents to persons applying therefor upon payment of the rates for uncertified copies. and 25 cents additional for each certification. Nothing in sections 487 to 491 of Title 5 shall be so construed as to repeal the provisions of this section. (Mar. 3. 1801, c. 541, 1, 26 Stat. 939; Aug. 24. 1912, c. 370. 5, 37 Stat. 498.) 15. Exchange of printed copies ,of patents with Canada. The Commissioner of Patents of the United States is authorized to exchange with the Dominion of Canada, under such terms of contract as may 'by him be deemed practicable, printed copies of patents issued by the United States. (Jan. 14, 1915, No.3. 38 Stat. 12'21.) 16. Multigraphing headings of drawings for patented cases. H~adings of the drawings for patented cases may be multigraphed in the Patent Office for the purpose of photolithography. (June 5. 1924, c. 264, 43 Stat. 415; Mar. 3, 1925, c. 462, 43 Stat. 1165; Apr. 29. 1926. c. 195, 44 Stat. 365; Feb. 24, 1927, c. 189. 44 Stat. 1217; Feb. 15, 1928. c. 57. 45 Stat. 100; Jan. 25, 1929, c. 102, 45 Stat. 1131; Apr. 18, 1930. c. 184, 46 Stat. 200; Feb. 23, 1931, c. 280, 46 Stat. 1346; July 1, 1932. c. 361. 47 Stat. 514; Mar. 1, 1933. c. 144, 47 Stat. 1403; Apr. 7, 1934, c. 104, 48 Stat. 562.) 17. Custody of collections of exploring expedition. The collections of the exploring expedition, now in the Patent Office, shall be under the care and management of the Commissioner of Patents. (R. S. 495.) From Act Aug. 4. 1804. c. 242. 8. 10 Stat. 572. 18. Commission to select Patent Office models for

to handling and removing the said models and exhibits and to employ per diem employees in such numbers and at such times as he may determine. and pay each of the said employees at a rate of compensation not to exceed $5 per day, such employees to be engaged upon the work of uncruting, removing. crating, storing, Hsting, sorting, and otherwise handling said models and exhibits. All actions and expenditures herein authorized shall be subject to the approval of the Secretary of Commerce. A report shall be made to Conzress of the action of the commission hereunder. (Feb. 14, 1003, c. 552, 12, 32 Stat. 830; Feb. 13, 1925, c. 230. 43 Stat. 942.)
19. Disbursements for Patent Office. Disbursements for the Patent Office shall be made by the disbursing clerk of the Department of Commerce. (R. S. 4[)(j; Feb. 14, 1003. c. 552, 12, 32 Stat. 830.) R. S. 496 from Act July 8. 1870. c. 230. 69, 16 Stat. 209.

20. Annual report of commissioner. The Commissioner of Patents shall lay before Congress, in the month of January, annually, a report. giving a detailed statement of all moneys received for patents, for copies of records or drawings. or from any other source whatever; a detailed statement of all expenditures for contingent and miscellaneous expenses; a list of all patents which were granted during the precedIng year. designating under proper heads the subjects of such patents; an alphabetical list of all the patentees. with their places of residence; a list of all patents which have been extended during the year; and such other information of the condition of the Patent Office as may be useful to Congress or the public. (R. S. 494.)
From Act July 8. 1870, c. 230, 9. 16 Stat. 199. See section 104a of Title 5. 21. Day for taking any action or paying any fee falling on Sunday. Where the day, or the last day, fixed by statute for taking any action or paying any fee in the United States Patent Office falls on Sunday. or on a holiday within. the District of Columbia, the action may be taken. or the fee paid, on the next succeeding secular or business day. (Mar. 2. 19'27,c. 273. 14. 44 Stat. 1337.) See section 725e of Title 31. 22. Money required for office; appropriation from revenues. The money required for the Patent Officeeach Yilar, commencing with the fiscal year 1932, shall be apffi'opriated by law out of the revenues of that office, except as otherwise provided by law. (Apr. 11, 1930, c. 132, 5.46 Stat. 156.) 23. Files and papers of abandoned applications; disposition. The Commissioner of Patents is hereby authorized to annually destroy or otherwise dispose of all the files and papers belonging to all abandoned applications which have been on file for more than twenty years. (Apr. 11. 1930. c. 132, 6.46 Stat. 156.)

Chapter 2.-PATENTS
INVENTIONS PATENTABLE Sec. 31. 32. 32a. 32b. Inventions patentable. Inventions previO"8l;iypatented Plants. Separability clause. abroad.

preservation and exhibition; expenses; report to Congress. A commission to consist of the Commissioner of Patents and the Secretary of the Smithsonian Institution. or their representatives, and a patent attorney duly registered as such in the Patent Office, the latter to be designated by the Commissioner of Patents, with the approval of the Secretary of Commerce, is created to select such of the Patent Office models and exhibition exhibIts as may be deemed to be of value and of historical interest, and thereafter store or place the same on exhibition in the Patent Office or the National Museum, and cause the remainder of the said .mode~s and exhibits to be disposed of by public auction, gift to Federal. State, or private museums or institutions, or returned without expense to the Government to the original depositors or their representatives, where demanded in writing by them, or destroyed, as the commission may determine. The Commissioner of Patents is authorized to pay necessary drayage and all other expenses incident

GENERAL PROVISIONS GOVERNING APPLICATION FOR AND ISSUE OF PATENTS 33. Application for patent; description; specification and claim. Same; drawings. speclrr.en of tngredlen ts or models to accompany. 35. Same; oath of applicant. 36. Same; examination of invention and issuing of patent. 37. Time of completing application; appltcattons regarded abandoned. 38. Renewal of application in cases of failure to pay fees in season. Patents. how issued. attested. and recorded. 39. Same; contents and duration. 40. 40a. Same; extension of term of patent; inventor In World War; application for extension. 40b. Same; Inventor dead or mentally incompetent; appli cation by legal representatlves. 34.

1
309

~ ~ eJ.,'t-;cM
TITLE 28.-JUDICIAL CODE AND JUDICIARY of Customs and Patent Appeals in every case peal from the decision of the Patent Otliee sl rendered in writing, and shall be filed in such ( part of the record thereof, and a certified copy opinion shall be sent to the Commissioner of I and shall be entered of record in the Pa tent (Mar. 2, 1929, c. 488, 3, 45 Stat. 1476.)
See.
321. 322. 323. 324. 325. 326. 327.

c. 229, 8, 43 Stat. 940; May 28, 192G,c. 411, 1, 44 Stat. 669; Jan. 31, 1928, c. 14, 1, 45 Stat. 54; :Mar. 2, 1921),c. 488, 1, 45 Stat. 1475; June 17, 1930, c. 497, 647, 46 Stat. 762.) 309. (Judicial Code, section 196.) Jurisdiction in customs cases. No appeal shall be taken or allowed from any United States Customs Court to any court other than the Court of Oustoms and Patent Appeals, and no appellate jurisdiction shall be exercised or allowed by any other courts in cases decided by said United States Customs Court; but all appeals allowed by law from such United States Customs Court shall be subject to review only in the Court of Customs and Patent Appeals, according to the provisions of this chapter. (Aug. 5, 1909, c. 6, 28, 36 Stat. 91, 105; Mar. 3, 1911, c. 231, 196, 36 Stat. 1145; May 28,1926, c. 411, 1, 44 Stat. 669; Mar. 2, 1921),c. 488, 1, 45 Stat. 1475.) 309a. Jurisdiction in patent cases. (a) The jurisdiction vested prior to April 1, 1929, in the United States Court of Appeals for the District of Columbia in respect of appeals from the Patent Office in patent and trade-mark cases is vested in the United States Court of Customs and Patent Appeals. (d) Nothing contained in this section shall be construed as affecting in any way the jurisdiction of the United States Court of Appeals for the District of Columbia in equity cases. (Mar. 2, 1929, c. 488, 2 (a), (d), 45 Stat. 1476; June 7,1934, c. 426, 48 stat.
00&) 310. (Judicial

Chapter

9.-THE

SUPREME

COURT

328.
329. 330. 331.

332.
333. 334. 335. 336.

331.
338. 339.

340.

341. 342. 343.

Code, section 198.) Appeals from United States Customs Court. If the importer, owner, consignee, or agent of any imported merchandise, or the collector or Secretary of the Treasury, shall be dissatisfied with the decision of the United States Customs Court as to the construction of the law and the facts respecting the classification of such merchandise and the' rate of duty imposed thereon under such classiflea tiop, or with any other appealable decision of said Court, they, or either of them, may, within sixty days next after the entry of such decree or judgment, and not afterwards, apply to the Court of Customs and Patent Appeals for a review of the questions of law and fact involved in such decision. '\ In Alaska and in the insular and other outside possessions of the United States ninety days shall be allowed for making such application to the Oourt of Customs and Patent Appeals. Such application sha!J be made by filing in the office of the clerk of sam court a concise statement of errors of law and fact complained of; and a copy of such statement shall be served on the collector, or on the importer, owner, consignee, or agent, as the case may be. Thereupon the court shall immediately order the United States Customs Court to transmit to said court the record and evidence taken by them, together with the certified statement of the facts involved in the case and their decision thereon; and all the evidence taken by and before said United States Customs Court shall be competent evidence before said Oourt of Customs and Patent Appeals. The decision of said Court of Customs and Patent Appeals shall be final, and such cause shall be remanded to said United States Customs Court for further proceeding'S to be taken in pursuance of such determination. (Aug. 5, 1909, c. 6, 28, 36 Stat. 91, 105; Mar. 3 1911, c. 231, 198, 36 Stat. 1146; May 28, 1926, c. 411, 1. 44 Stat. 669; Mar. 2, 1929, c. 488, 1, 45 Stat. 1475.) 311. (Judicial Code, section 199.) Records placed on calendar; call of calendar. Immediately upon reo reipt of any record transmitted to the Court of Customs and Patent Appeals for determination, the clerk thereof shall place the same upon the calendar for hearing and submission; and such calendar shall be called and all cases thereupon SUbmitted, except for good cause shown, at least once every sixty days. Such calendar need not be called during the months of JU~Ya~d August of any year. (Aug. 5, 1009, c. 6, 28, 36 stat. 91, 105; Mar. 3, 1911, c. 231, HH), 36 Stat. 1146; Mar. 2, 1929, c. 488 1,45 Stat. H75.) 312. Opinions of Court; writing; filing; record. ing copy in Patent Office. The opinion of the Court

344. 345. 346. 341.

348.

349.
350.

351.
352. 353. 354.

Number of justices. Precedence of Associate Justices. Vacancy in office of Chief Justice. Salaries of justices. Clerk, marshal, and reporter. Clerk; bond. Same; deputies; liability of clerk for deputy feasance. Law clerks; salaries. [Temporary. I Records of old court of appeals. Tables of fees. Marshal; salary; duties. Reporter; duties; printing and binding of decls Reporter; salary and allowances. Printing, binding, and distribution of report digests. Cost of bound volumes and pamphlets charged partment of Justice; reprints. Appropriations for printing, binding, and so fo reports authorized. Distribution of Federal Reporter and digests. Terms. Adjournment for want of quorum. Orders by less than quorum. Original jurisdiction. Prohibition and mandamus. Issues of fact. Appellate jurisdiction of decrees of State court: tiorari. Appeilate jurisdiction from decrees of United district courts. Certificates of questions by circuit courts of a and United States Court of Appeals for Dian Columbia. Certiorari to circnit courts of appeals and Sta tes Court of Appeals for District of Colt appeal to Supreme Court from circuit co u appeals in certain cases; other reviews not al Certification of questions to Supreme Court by , courts of appeals, and certiorari thereto, ar peal or writ of error to Supreme Court from courts of appeals in certain other cases. Certiorari to review decisions of Supreme Cal Philippine Islands. Time for making application for appeal or certi stay pending application for certtorai l, Precedence of appeals from State courts. Cost of printing records. Women may be admitted to practice. Printing for Supreme Court. CROSS REFERENCE 138 and 139 of TItle 2.

Law library;

see sections

Section 321. (Judicial Code, section 215.) Nu of justices. The Supreme Court of the United l:' shall consist of a Chief Justice of the United l:' and eight Associate Justices, any six of whom constitute a quorum. (R. S. 673; Mar. 3, 19 231, 215, 36 Stat. 1152.)
R. S. 673 from Act Apr. 10, 1869, Co 22. 1, 16 StE

322. (Judicial Code, section 216.) Preceden Associate Justices. The Associate Justices shall precedence according to the dates of their COD sions, or, when the commissions of two or mo; them bear the same date, according to their (R. S. 674j Mar. 3, 1911, c. 231, 216, 36 Stat. 1
R. S. 614 from Act Sept. 24, 1789, c. :!O, 1, 1 StE

Code, section 217.) Vacanc office of Chief Justice. In case of a vacancy iI office of Chief Justice, or of his inability to per the duties and powers of his office, they shall de' upon the Associate Justice who is first in preced until such disability is removed, or another Chief tice is appointed and duly qualified. This prov shall apply to every Associate Justice who succee the officeof Chief Justice. CR. S. 675; Mar. 3, . c. 231, 217,36 Stat. 1152.)
R. S. 675 from Act Sept. 24. 1189, c. 20, 1, 1 Sh11 Act June 25, 1868, c. 81, 1, 15 Stat. 80.

323. (Judicial

324. (Judicial Code, section 218.) Salarie: justices. The Chief Justice of the Supreme oou: the United States shall receive the sum of $20,5 year, and the justices thereof shall receive the su $20,000a year each, to be paid monthly. (R. S.

4
DERIVATION

35.-PATENTS
examiners, assistant examiners, first class clerks, coP: laborers, asstst.an t messengers. and messenger boys may deem necessary: Provided, however, That the number of additional employees shall not eXceed principal examiners, two first assistant examiners, t, and assistant examiners, six t h lr'd assistant examinet' fourth assistant examiners, four Jirst-class cler'~. copytsts, six laborers, six assistant messengers, messenger boys; that the annual expenses for th' .. tlonallorce shall not exceed I.hesum of stxi v-two t: eight huudred and eighty doll ars .

Act July 8, 1870, ch. 230, 12, 16 Stat. 200.

4. Restrictions on officers and employees of Patent Office as to interest in patents. AU officers and employees of the Patent Office shall be incapable, during the period for which they hold their appointments, to acquire or take, directly or indirectly, except by inheritance or bequest, any right Dr interest in any patent issued by the office. (R. S. 480'>
DERIVATION

~l1

7. Examiners

in chief;

bard

0'

appe

Act July 8, 1870, en, 230, 16. 16 Stat. 200.

5. Bonds of commissioner and chief clerk. The Commissioner of Patents and the chief clerk, who shall be qualified to act as a principal examiner, before entering upon their duties, shall severally give bond, with sureties, to the Treasurer of the United states, the former in the sum of $10,000, and the latter in the sum of $5,000, conditioned for the faithful discharge of their respective duties, and that they shall render to the General Accounting Office a true account of aU money received by virtue of their offices; (R, S. 479; Mar. 4, 1909, ch, 297, 1, 35 Stat. 891; June 10, 1921, ch. 18, 304, 42 Stat. 24.)
DERIVATION

The exami ners i chie shall pc petent legal xnowl dge :?, d SCl IUfic Comm.ssionc of 1 .tent. the 'st a rnissior.er, tl: assls. tnt c nmis lllen a amine" in lief; raIl C isttu peals, vhose luty sha be, \ WI' A the appe.mt, ' rev \v a det ihe va dity the .dver dec ons r pa !1ts "pan ~ .plica ems d fo tatent, and n in rferr 3e c es. : nail 1.' hea ; by thr. lea mer bJard c app-s Is, th men ~rs t 'ring to be cj signa;' -d by he c nmis mer. of appcds shl ha sols lowe to g ir.gs. ( .;. S. 482; \'1ar. 192 ch. Stat. 13;,5; Ap 11, '3D, C 132, 2,41
JERIVAION

Act July 8, 1870, ch. 230,

SIMILAR

6, 16 Stat. 199.
PROVISIONS

Act July 8. 187J. ch. 210, in act Feb. 18, 1922,

DESIGNATION OF

10 16 Stu1199.
EXAI'

Related provisions were contained ch. 58, 2, 42 Stat. 389.

TEi,rpORAR.

6. Duties of commissioner. The Commissioner of Patents, under the direction of the Secretary of Commerce, shall superintefid or perform all duties respecting the granting and issuing of patents directed by law; and he shall have charge of all books, records, papers, models, machines, and other things belonging to the Patent Office. He may, subject to the approval of the Secretary of Commerce, from time to time establish regulations, not inconsistent with law, for the conduct of proceedings in the Patent Offlce. (R. S. 481, 483; Feb. 14, 1903, ch. 552, 12, 32 Stat. 830.)
DERIVATION

Act Aug. 7, 1946, ell. 775, 60 :ltat. 8" "That notWithstanding the r 'ovtsio the Revised Statutes [section';' of tht title missioner of Patents is autnorrzed to c .sigriaf of the principal examiner gracle or ) igner , requisite ability, to serve as exnrruners lrn Chi~.~, examiners so designated sh al l be fUlly qUalifts' members of the board of appeals constituted by 482 of the Revised Statutes [this section] : PrOllid no such examiner shall so serve for more than ntr in any calendar year but thereafter they shal ha' thority to act and sign decisions and papers necess complete action on cases heard during such nin And prcnnded. further, That not more than , examiner shall be among the members of the . b&i . ~~j appeals hearing an appeal. ,,"SEC. 2. This Act shall take effect on the dll.tll, proval and shall expire three years after such date
CROSS REFERENCES -:

,1

'S:

R. Stat. R. Stat.

S. 481 from acts JUly 8, 1870, ch. 230, 7, 16 199; Mar. 3, 1875, ch. 130, 12, 18 Stat. 402. S. 483 from act JUly 8, 1870, ch. 230, 19, 16 200.
OF CLASSIFICATION PuBLICATIONS; OF LETrERs ADDITIONAL PATENT PE1l.soNNEL AND ProNTED

~):> ,rJ

,~I.~ .. ~~i
9J~ 1M: Patl

For appeal to Board Of Appeals, see section 57,,! title."

.<'l"

REVISION

Act June 10, 1898, ch. 423, 1,2,30 Stat. 440, provided: "That for the purpose of determining with more readiness and accuracy the novelty of inventions for Which appllcations for letters patent are or may be filed in the United States Patent Office, and to prevent the issuance of letters patent of the United States for inventions Which are not new, the Commissioner of Patents is hereby authorized and directed to revise and perfect the classification, by SUbjects-matter, of all letters patent and printed publications In the United States Patent Office which constitute the field of search in the examination as to the novelty of invention for which applications for patents are or may be filed. .."SEC. ,2. That for the purpose of enabling the Commisllioner of Patents to carr)" out the provistons of'.tb.is Act the Secretary of the Interior is hereby atrthortzed to appoint from time to time, in the manner already provideO. for by law, such additional number of principal

~~rn~ ~ There shall be purchased for the use of the ~,,~ Office a library of such scientific works and cals, both foreign and American, as may ai' officers in the discharge of their duties, not ing the amount annually appropriated fot purpose. (R. S. 486.) ecl1"

and
und
disb entl self

Rl'f
~I

DERIVATION

Act July 8, 1870, ch. 230, 15, 16 Stat. 200.

resel ness axw;

bea

11. Patent agents or attorneys; rules and re~l. , for; suspension or exclusion from practlc.el .'. The Commissioner of Patents, subject to th'b proval of the Secretary of Commerce, may,' scribe rules and regulations governing the r ..., tion of agents, attorneys, or other persons'" resenting applicants or other parties before
.T j

~
1938
et~;

12. l Thl

t>iver

TITLE 35.-PATENTS , Q#\cll"and mar rel1U1reof such persons, agents, or ~RW!3YS, .before being recognized as representattYe.!lJI( applicants or other persons, that they shall ShoW' tllat they are of good moral character and in good repute, are possessed of the necessary qualiflg~tf6nsto enable them to render to applicants or other perspns valuable service, and are likewise competent advise and assist applicants or other to persons in the presentation or prosecution of their applications or other business before the Office. The Oommissioner of Patents may, after notice and opportunity for a hearing, suspend or exclude, either generally or, in any particular case, from further practice before his office any person, agent, or attorney shown. to be incompetent or disreputable, or guiltyof gross misconduct, or who refuses to comply witht,hesaidrules and regulations, or who shall, With intent to defraud in any manner, deceive, mislead, or threaten any applicant or prospective applicant, or other person having immediate or prospectivebusiness before the office, by word, circular, letter, or by advertising. The reasons for ahY such suspension or exclusion shall be dUly reborded."The action of the commissioner may be reViewed upon the petition of the person so refllsed .recognttton or so SUSpendedor excluded by the d.lstrlctcourt of the United states for the District Qt. Gol1p:n.bia under such conditions and upon such proceedingsas the said court may by its rules determine (R. S. 487; Feb. 14,1903, ch.552, 12. .. 8i'Stat;' !s30;Feb. 18, 1922, ch. 58, 3, 42 stat. 390;June 25, 1936, ch, 804, 49 Stat. 1921.>
:L':-' ..
DERIVATION

l6

bly. and clearly written, to be printed a.t the cost of the party filing them. (R. S. 488.>
DERIVATION

Act July 8, 1870, en. 230, 18. 16 stat.

200,

13. Printing copies of claims, laws. deelslons.-"

The Commissioner of Patents may print. or cause to be printed, copies of the claims of current issues. and copies of such laws, decisions, regulations, and circulars as may be necessary for the information ef the public. (R. S. 489.>
DERIVATION

Acts JUly 8, 1870, ch. 230, 20, 16 Stat. 1874, ch, 328, 18 stat. 105. .
CRoss
REFERENCES

200~ \TUne 20,

Publications authorized to be printed by Commissioner of Patents, see section 283 of Title 44, Public Printing and' Documents, which probably superseded this section.

14. Certified copies of drawings of patents issued;" fees. .

Certified copies of drawings and specifications of patents issued may be furnished by the oommtsstoner of Patents to persons applying therefor upon payment of the rates for uncertified copies, and 25 cents additional for each certification. Nothing in sections 487-491 of Title 5 shall be so construed as to repeal the provisions of this section. (Mar. 3, 1891, ch. 541, 1, 26 Stat. 939; Aug. 24, 1912, en. 370. 5, 37 Stat. 498'>
148. Charges for uncertified copies of drawings of

patents; copies of design patents; certificates of . trade-mark registration.

CODIFICATION

IL'A~tJuly 8,1870, ch. 230, 17, 16 Stat. ~OO. jw.!.'

CRoss REFERENCES

of Practice before Patent AppendiX to this title.

JkUled

Office are set

out 1n

f' tienerj penalty. ~~:shallbe. unlawful for any person who has' not beenduly.recognized topr.actice before the United States. atent ,Office in accordance wJth the proP 1M&ti. ofsectlon i1' of this title and. the rUles' of t~ePatent Office to hold himself. out . knowingly ...lerliiit hiniself to be held out as a patent solicitor, i \,ti~ilt.agerit, .or patent attorney, Of otherwise . In E ~i'tIiannef hold. hims~U out, either dire,ctly, or ~Jl~lIireetly, authorized to represent applicants for as fllatent<in. 'their business before the Patent Office; ~d It shall beJ.ln~a,fl,ll for anr person who has. der the authority of sectIon 11 Of this title been barred or eXCludedfrom practice before the Pat'ntOffice, nd has not beenreinstatad, tobP~~ hifu": a out in l:\nYmJU1J1el'what~v~r s entitied'to repa !ntor assist persons in the transactionot bustbeforethe Patent Office or any iiNisidnthereof; iX;:9J+~l1e~~J1~~ for~QiIlg,prov.isie~:Jll);tl1 .thlil Illisdemeanorand be punished by a fine of not i/l~an.$5P. ,and ngt ;"exceE!ding$500. ,(MaY.9. " eh. 188,52 Stat. 342'> .

l1a.Same; unauthorized representation. as practi-

n.

Section, act JUly 5, 1946, ch. 541,. title III, 301, 60 Stat. 471, which provided that on and after JUly I, 1946, 25 cents per copy should be charged for uncertified copies of specifications and drawings of patents, and 10 cents pel' copy for design patents and certificates of trade-mark registration, WaB consolidated With section 78 of this title.

15. Exchange of printed copies of .l?atents with Can.

~~.

or

The Commissioner of Patents of the United States Is authorized to exchange with the Dommlon of Canada,. under such terms of contract as may by h1m be deemed practicable, printed copies of patents issued by the United States. (Jan. 14, 1915,-No. 3. 38 Stat. 1221.> ented cases. .' Headings of thedrawfngs for patented cases may be multlgraphed in the Patent Office forthepurt>ose OfphotoUthography. (July 5, 1946,ch. 541. imem, 301, 60 Stat. 47i;>
SI~n.AR PROvIsIClNS ~~ t~.Of this s~t~o~ was til-ken from the ;Departmenf of Commerce' Appropriation Act, 19~7, cited. ~o text. Similar provisions were contained. in the .folloWing acta: 19.45-,-May21, 1945,.00. 129, title W, ,301,59 stat . .1!l:;t. 1944-Jl1ne 28, 1944, qb.294, tttlelII, 3Pl.5!l Stat. 42. 1943-JUly 1, 1,943,ch. 1811,title I, . 101, 57 Stat. 298. f942-JUly 2, 1942, ch. 472, title III, 301, 56 Stat. 497. 1941-June 28, 1941, ch, 258, title II, ~201,.55 Stat.1l86; , 194Q-May 14, 1940. Ch'. 189, title n, 20i,54 Stat,'199. , 1939'-June 29,1939; ch.248. title III, 53 Stat. 9i9 . 1938---'-"Apr. 193Jl. ch, 180, title In, 52 Stat. 284. 27,

16. Multigraphing headings of drawings for pa~

I!!l,

..... "

,Printingof papers filed. ~Cornrnissioner. of 'patents'iniay require a,ll' ~'fiied inthe Patent Office,if not correctly, legl~

35

uses

32

PATENTS

or who shall, by word, circular, letter, or advertising, with intent to defraud in any manner, deceive, mislead, or threaten any applicant or prospective applicant, or other person having immediate or prospective business before the Office. The reasons for any such suspension or exclusion shall be duly recorded. The Director shall have the discretion to designate any attorney who is an officer or employee of the United States Patent and Trademark Office to conduct the hearing required by this section. The United States District Court for the District of Columbia, under such conditions and upon such proceedings as it by its rules determines, may review the action of the Commissioner upon the petition of the person so refused recognition or so suspended or excluded. (July 19, 1952, ch 950, 1, 66 Stat. 795; Jan. 2, 1975, P. L. 93-596, 1, 88 Stat. 1949; Nov. 29, 1999, P. L. 106-113, Div B, l000(a)(9), 113 Stat. 1536.)
HISTORY; ANCILLARY LAWS AND DIRECTIVES Prior law and revision: Based on 35 U.S.c., 1946 ed., 11 in part (R. S. 487; Feb. 18, 1922, ch 58, 3, 42 Stat. 390). See note under section 31. Explanatory notes: The amendments made by l000(a)(9) of Act Nov. 29, 1999, P. L. 106113, are based on 4715(c) and 4719 of Chapter 1 and 4732(a)(IO)(A) of Chapter 2 of Subtitle G of Title IV of S. 1948 (113 Stat. 1501A-58~ 582), as introduced on Nov. 17, 1999, which were enacted into law by such l000(a)(9). Amendments: 1975. Act Jan. 2, 1975 (effective 1/2/75, as provided by 4 of such Act), substituted "Patent and Trademark Office" for "Patent Office" . 1999. Act Nov. 29, 1999 (effective 4 months after enactment, as provided by 4731 of S. 1948, as enacted into law by such Act, which appears as 35 USCS 1 note), substituted "Director" for "Commissioner", substituted "2(b)(2)(D)" for "31", and inserted the sentence beginning "The Director shall have the discretion . . ." . CODE OF FEDERAL REGULATIONS Patent and Trademark Office, Department of Commerce-Rules of practice in trademark cases, 37 CFR Part 2. Patent and Trademark Office, Department of Commerce-Representation of others before the Patent and Trademark Office, 37 CFR Part 10. CROSS REFERENCES This section is referred to in 5 USCS 500. RESEARCH GUIDE Federal Procedure: 26 Fed Proc L Ed, Patents 60:32, 36, 38-40. 32 Fed Proc L Ed, Trademarks 74:22.
Am Jur:

60 Am Jur 2d, Patents 49, 53, 55.

54

32.

Suspension or exclusion from practice

LIBRARY REFERENCES
Administrative Law Role of patent counsel in patent matters-patent attorney and patent distinguished, see West's Federal Administrative Practice 3917. American Digest System Attorney and Client e->38. Patents e->97. Key Number System Topic Nos. 45, 291. Corpus Juris Secundum Attorney and Client, see C.J.S. 59,66 to 69,75 to 78, 81 to 82, 85 to 87. Patents, see c.J.S. 135 to 178. Encyclopedias Patents, 60 Am. Jur. 2d 49, 53. 55. Texts and Treatises Business and Commercial Litigation in Federal Courts 65.15. Patents, 26 Fed. Proc. LEd 60:32. Trademarks, 32 Fed. Proc. L Ed 74:22. agent

The Director may, after notice and opportunity for a hearing, suspend or exclude, either generally or in any particular case, from further practice before the Patent and Trademark Office, any person, agent, or attorney shown to be incompetent or disreputable, or guilty of gross misconduct, or who does not comply with the regulations established under section 2(b)(2)(D) of this title, or who shall, by word, circular, letter, or advertising, with intent to defraud in any manner, deceive, mislead, or threaten any applicant or prospective applicant, or other person having immediate or prospective business before the Office. The reasons for any such suspension or exclusion shall be duly recorded. The Director shall have the discretion to designate any attorney who is an officer or employee of the United States Patent and Trademark Office to conduct the hearing required by this section. The United States District Court for the District of Columbia, under such conditions and upon such proceedings as it by its rules determines, may review the action of the Director upon the petition of the person so refused recognition or so suspended or excluded.
(July 19, 1952, c. 950, 66 Stat. 795; Jan. 2, 1975, Pub.L. 93-596, 1, 88 Stat. 1949; Nov. 29, 1999, Pub.L. 106-113, Div. B, 1000(a)(9) [Title IV, 4715(c), 4719, 4732(a)(l0)(A), 113 Stat. 1536, 1501A-580 to ISOIA-S82.) HISTORICAL AND STATUTORY NOTES
Trademark Office to conduct the hearing required by this section." Pub.L. 106-113 [ 4715(c)] struck out "31" and inserted "2(b)(2)(D)". 1975 Amendments. Pub.L. 93-596 substituted "Patent and Trademark Office" for "Patent Office". Effective and Applicability Provisions 1999 Acts. Amendment by Pub.L. 106-113 [ 4715(c), 4719, 4732(a)(l0)(A), effective 4 months after the date of enactment of this Act [Nov. 29, 1999, which is the date of enactment 'of Pub.L. 106-113. 113 Stat. 1501, which in Div. B, 1000(a)(9), enacted into law this Act as an Appendix], see Pub.L. 106-113 [ 4731], set out as a note under section 1 of this title. 1975 Acts. 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.

WESTLA W ELECTRONIC

RESEARCH

See WESTLAW guide following the Explanation pages of this volume.

Notes of Decisions
Admissibility of evidence 7 Advertising 4 Failure to disclose prior art 3 Hearings 6 Law governing Misconduct 2 Review 8 Suspension 5 1. Law governing There is a limited field of law in which powers of Patent and Trademark Office (PTO), pursuant to statutes which authorize it to regulate the conduct of patent practitioners appearing before it, and to discipline them for related misconduct, preempt state law, as statutes give PTO exclusive authority to establish qualifications for admitting persons to practice before it, and to suspend or exclude them from practicing before it. Kroll v. Finnerty, C.A.Fed. (N.Y.) 2001, 242 F.3d 1359,58 U.S.P.Q.2d 1097. 2. Misconduct Misconduct which includes submitting certificates of mailing to "backdate" documents filed with the United States Patent and Trademark Office warrants twoyear suspension from practice before Patent and Trademark Office and probation for another five years. Klein v. Peterson, C.A.Fed. (DisLCol.) 1989, 866 F.2d 412,9 U.S.P.Q.2d 1558, rehearing denied, rehearing in banc declined, certiorari denied 109 S.Ct. 2432, 490 U.S. 1091, 104 L.Ed.2d 989. 3. Failure to disclose prior art Even though attorney may be guilty of faulty judgment, it is not fraud or gross negligence if failure to reveal prior art to patent examiner is a result of a bona fide, good-faith judgment as to the relevancy of that art. Johnson and Johnson v. W. 1. Gore & Associates, Inc., D.C.De\.l977, 436 F.Supp. 704,195 U.S.P.Q. 487. 4. Advertising Court had no right to substitute its view for that of Commissioner as to whether those practicing before Patent Office [now Patent and Trademark Office] should be permitted to advertise for business. Evans V. Watson, C.A.D.C.1959, 269 F.2d 775, 106 U.S.App.D.C. 108, 122 U.S.P.O. 187, certiorari denied 80 S.Ct. 213. 361 U.S. 900, 4 L.Ed.2d 157, 123 U.S.P.Q.590. 5. Suspension Suspension of attorney by Commissioner of Patents and Trademarks for more than one year for neglect and misconduct in handling two patent applications is neither arbitrary, capricious, abuse of discretion, nor otherwise not in accor-

Revision Notes and Legislative Reports 1952 Acts. Based on Title 35, U.S.C., 1946 ed., II (R.S. 487 [derived from Act July 8, 1870, c. 230, 17, 16 Stat. 200] amended Feb. 18, 1922, c. 58, 3. 42 Stat. 390). See note under 31. 1975 Acts. Senate Report No. 93-1399, see 1974 U.S. Code Congo and Adm. News, p. 7113. 1999 Acts. Statement by President, see 1999 U.S. Code Congo and Adm. News. p. 290. Amendments 1999 Amendments. Pub.L. 106-113 [ 4732(a)(1O)(A)] struck out "Commissioner" and inserted "Director" throughout the section. Pub.L. 106-113 [ 4719] added: "The Director shall have the discretion to designate any attorney who is an officer or employee of the United States Patent and

62

63

S j.l.

Suspension or exclusion from practice

LIBRAKY

K~l' EKEN\...L;'

The Director may, after notice and opportunity for a hearing, suspend or exclude, either generally or in any particular case, from further practice before the Patent and Trademark Office, any person, agent, or attorney shown to be incompetent or disreputable, or guilty of gross misconduct, or who does not comply with the regulations established under section 2(b)(2)(D) of this title, or who shall, by word, circular, letter, or advertising, with intent to defraud in any manner, deceive, mislead, or threaten any applicant or prospective applicant, or other person having immediate or prospective business before the Office. The reasons for any such suspension or exclusion shall be duly recorded. The Director shall have the discretion to designate any attorney who is an officer or employee of the United States Patent and Trademark Office to conduct the hearing required by this section. The United States District Court for the District of Columbia, under such conditions and upon such proceedings as it by its rules determines, may review the action of the Director upon the petition of the person so refused recognition or so suspended or excluded.
(July 19, 1952, c. 950, 66 Stat. 795; Jan. 2, 1975, Pub.L. 93-596, 1, 88 Stat. 1949; Nov. 29, 1999, Pub.L. 106-113, Div. B, 1000(a)(9) [Title IV, 4715(c), 4719, 4732(a)(IO)(A), 113 Stat. 1536, 1501A-580 to 1501A-582.)

Administrative Law Role of patent counsel in patent matters-patent attorney and patent agent distinguished, see West's Federal Administrative Practice 3917. American Digest System Attorney and Client ~38. Patents ~97. Key Number System Topic Nos. 45, 291. Corpus Juris Secundum Attorney and Client, see C.J.S. 59,66 to 69, 75 to 78,81 to 82.85 to 87. Patents, see C.J.S. 135 to 178. Encyclopedias Patents, 60 Am. Jur. 2d 49, 53, 55. Texts and Treatises Business and Commercial Litigation in Federal Courts 65.15. Patents, 26 Fed. Proc. LEd 60:32. Trademarks, 32 Fed. Proc. LEd 74:22.

WESTLAW ELECTRONIC

RESEARCH

See WESTLAW guide following the Explanation pages of this volume.

Notes of Decisions
Admissibility of evidence 7 Advertising 4 Failure to disclose prior art 3 Hearings 6 Law governing Misconduct 2 Review 8 Suspension 5 1. Law governing There is a limited field of law in which powers of Patent and Trademark Office (PTO). pursuant to statutes which authorize it to regulate the conduct of patent practitioners appearing before it, and to discipline them for related misconduct, preempt state law, as statutes give PTO exclusive authority to establish qualifications for admitting persons to practice before it, and to suspend or exclude them from practicing before it. Kroll v. Finnerty, C.A.Fed. (N.Y.) 2001, 242 F.3d 1359,58 U.S.P.Q.2d 1097. 2. Miscon d uct Misconduct which includes submitting certificates of mailing to "backdate" documents filed with the United States Patent and Trademark Office warrants twoyear suspension from practice before Patent and Trademark Office and probation for another five years. Klein v. Peterson, C.A.Fed. (Dist.Col.) 1989, 866 F.2d 412,9 U.S.P.Q.2d 1558, rehearing denied, rehearing in bane declined, certiorari denied 109 S.Ct. 2432, 490 U.S. 1091, 104 L.Ed.2d 989. 3. Failure to disclose prior art Even though attorney may be guilty of faulty judgment, it is not fraud or gross negligence if failure to reveal prior art to patent examiner is a result of a bona fide, good-faith judgment as to the relevancy of that art. Johnson and Johnson v. W. L. Gore & Associates, Inc., D.C.De1.1977, 436 F.Supp. 704, 195 U.S.P.Q. 487. , 4. Advertismg Court had no right to substitute its view for that of Commissioner as to whether those practicing before Patent Office [now Patent and Trademark Office] should be permitted to advertise for business. Evans v. Watson, C.A.D.C.1959, 269 F.2d 775, 106 U.S.App.D.C. 108, 122 U.S.P.O. 187, certiorari denied 80 S.Ct. 213, 361 U.S. 900, 4 L.Ed.2d 157, 123 U.S.P.O.590. 5. Suspension Suspension of attorney by Commissioner of Patents and Trademarks for more than one year for neglect and misconduct in handling two patent applications is neither arbitrary, capricious, abuse of discretion, nor otherwise not in ace or-

HISTORICAL

AND STATUTORY NOTES

Trademark Office to conduct the hearing required by this section." Pub.L. 106-113 [ 4715(c)] struck out "31" and inserted "2(b)(2)(D)". 1975 Amendments. Pub.L. 93-596 substituted "Patent and Trademark Office" for "Patent Office". Effective and Applicability Provisions 1999 Acts. Amendment by Pub.L. 106-113 [ 4715(c), 4719, 4732(a)(l0)(A), effective 4 months after the date of enactment of this Act [Nov. 29, 1999, which is the date of enactment 'of Pub.L. 106-113, 113 Stat. 1501, which in Div. B, 1000(a)(9), enacted into law this Act as an Appendix], see Pub.L. 106-113 [ 4731], set out as a note under section 1 of this title. 1975 Acts. 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 III 1 of Title IS, Commerce and Trade.

Revision Notes and Legislative Reports 1952 Acts. Based on Title 35, U.S.C., 1946 ed., II (R.S. 487 [derived from Act July 8, 1870, c. 230, 17, 16 Stat. 200] amended Feb. 18, 1922, c. 58, 3, 42 Stat. 390). See note under 31. 1975 Acts. Senate Report No. 93-1399, see 1974 U.S. Code Congo and Adm. News, p. 7113. 1999 Acts. Statement by President, see 1999 U.S. Code Congoand Adm. News, p. 290. Amendments 1999 Amendments. Pub.L. 106-113 [ 4732(a)(I O)(A)] struck out "Commissioner" and inserted "Director" throughout the section. Pub.L. 106-113 [ 4719] added: "The Director shall have the discretion to designate any attorney who is an officer or employee of the United States Patent and

62

63