Patents - 35 USC Section 1

01/19/04

Sec. 1. Establishment

(a) Establishment. - The United States Patent and Trademark
Office is established as an agency of the United States, within the
Department of Commerce. In carrying out its functions, the United
States Patent and Trademark Office shall be subject to the policy
direction of the Secretary of Commerce, but otherwise shall retain
responsibility for decisions regarding the management and
administration of its operations and shall exercise independent
control of its budget allocations and expenditures, personnel
decisions and processes, procurements, and other administrative and
management functions in accordance with this title and applicable
provisions of law. Those operations designed to grant and issue
patents and those operations which are designed to facilitate the
registration of trademarks shall be treated as separate operating
units within the Office.
(b) Offices. - The United States Patent and Trademark Office
shall maintain its principal office in the metropolitan Washington,
D.C., area, for the service of process and papers and for the
purpose of carrying out its functions. The United States Patent and
Trademark Office shall be deemed, for purposes of venue in civil
actions, to be a resident of the district in which its principal
office is located, except where jurisdiction is otherwise provided
by law. The United States Patent and Trademark Office may establish
satellite offices in such other places in the United States as it
considers necessary and appropriate in the conduct of its business.
(c) Reference. - For purposes of this title, the United States
Patent and Trademark Office shall also be referred to as the
"Office" and the "Patent and Trademark Office".

EFFECTIVE DATE OF 1999 AMENDMENT
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle G,
Sec. 4731], Nov. 29, 1999, 113 Stat. 1536, 1501A-581, provided
that: "This subtitle [see Tables for classification] and the
amendments made by this subtitle shall take effect 4 months after
the date of the enactment of this Act [Nov. 29, 1999]."
EFFECTIVE DATE OF 1975 AMENDMENT
Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4
of Pub. L. 93-596, set out as a note under section 1111 of Title
15, Commerce and Trade.
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107-273, div. C, title III, Sec. 13201, Nov. 2, 2002, 116
Stat. 1901, provided that: "This subtitle [subtitle B (Secs.
13201-13211) of title III of div. C of Pub. L. 107-273, see Tables
for classification] may be cited as the 'Intellectual Property and
High Technology Technical Amendments Act of 2002'."
SHORT TITLE OF 1999 AMENDMENT
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [Sec. 1(a)], Nov. 29,
1999, 113 Stat. 1536, 1501A-521, provided that: "This Act [S. 1948,
as enacted by section 1000(a)(9) of Pub. L. 106-113, see Tables for
classification] may be cited as the 'Intellectual Property and
Communications Omnibus Reform Act of 1999'."
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4001],
Nov. 29, 1999, 113 Stat. 1536, 1501A-552, provided that: "This
title [see Tables for classification] may be cited as the 'American
Inventors Protection Act of 1999'."
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle A,
Sec. 4101], Nov. 29, 1999, 113 Stat. 1536, 1501A-552, provided
that: "This subtitle [enacting section 297 of this title and
provisions set out as a note under section 297 of this title] may
be cited as the 'Inventors' Rights Act of 1999'."
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle B,
Sec. 4201], Nov. 29, 1999, 113 Stat. 1536, 1501A-554, provided
that: "This subtitle [amending sections 41 and 42 of this title and
enacting provisions set out as notes under section 41 of this title
and section 1113 of Title 15, Commerce and Trade] may be cited as
the 'Patent and Trademark Fee Fairness Act of 1999'."
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle C,
Sec. 4301], Nov. 29, 1999, 113 Stat. 1536, 1501A-555, provided
that: "This subtitle [enacting section 273 of this title and
provisions set out as a note under section 273 of this title] may
be cited as the 'First Inventor Defense Act of 1999'."
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle D,
Sec. 4401], Nov. 29, 1999, 113 Stat. 1536, 1501A-557, provided
that: "This subtitle [amending sections 132, 154, 156, and 282 of
this title and section 1295 of Title 28, Judiciary and Judicial
Procedure, and enacting provisions set out as notes under sections
132 and 154 of this title] may be cited as the 'Patent Term
Guarantee Act of 1999'."
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle E,
Sec. 4501], Nov. 29, 1999, 113 Stat. 1536, 1501A-561, provided
that: "This subtitle [amending sections 11 to 13, 102, 119, 120,
122, 135, 154, 181, 252, 284, and 374 of this title and enacting
provisions set out as notes under sections 11, 41, and 122 of this
title] may be cited as the 'Domestic Publication of Foreign Filed
Patent Applications Act of 1999'."
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle F,
Sec. 4601], Nov. 29, 1999, 113 Stat. 1536, 1501A-567, provided
that: "This subtitle [enacting chapter 31 of this title, amending
sections 41, 100, 134, 141, 143, and 145 of this title, and
enacting provisions set out as notes under sections 41, 311, and
315 of this title] may be cited as the 'Optional Inter Partes
Reexamination Procedure Act of 1999'."
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle G,
Sec. 4701], Nov. 29, 1999, 113 Stat. 1536, 1501A-572, provided
that: "This subtitle [see Tables for classification] may be cited
as the 'Patent and Trademark Office Efficiency Act'."
SHORT TITLE OF 1998 AMENDMENTS
Pub. L. 105-358, Sec. 1, Nov. 10, 1998, 112 Stat. 3272, provided
that: "This Act [amending sections 41 and 42 of this title and
enacting provisions set out as a note under section 41 of this
title] may be cited as the 'United States Patent and Trademark
Office Reauthorization Act, Fiscal Year 1999'."
Pub. L. 105-289, Sec. 1, Oct. 27, 1998, 112 Stat. 2780, provided
that: "This Act [amending section 163 of this title and enacting
provisions set out as notes under sections 41 and 163 of this
title] may be cited as the 'Plant Patent Amendments Act of 1998'."
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-418, Sec. 9001, Aug. 23, 1988, 102 Stat. 1563,
provided that: "This subtitle [subtitle A (Secs. 9001-9007) of
title IX of Pub. L. 100-418, enacting section 295 of this title,
amending sections 154, 271, and 287 of this title, and enacting
provisions set out as notes under section 271 of this title] may be
cited as the 'Process Patent Amendments Act of 1988'."
Pub. L. 100-418, title IX, Sec. 9101(a), Aug. 23, 1988, 102 Stat.
1567, provided that: "This section [amending sections 184 to 186 of
this title and enacting provisions set out as notes under section
184 of this title] may be cited as the 'Patent Law Foreign Filing
Amendments Act of 1988'."
SHORT TITLE OF 1984 AMENDMENT
Pub. L. 98-622, Sec. 1, Nov. 8, 1984, 98 Stat. 3383, provided
that: "This Act [enacting section 157 of this title, amending
sections 3, 7, 41, 103, 104, 116, 120, 134, 135, 141, 145, 146,
271, 305, 351, 361, 362, 365 to 368, 371 to 373, and 376 of this
title, section 1295 of Title 28, Judiciary and Judicial Procedure,
and sections 2182 and 2457 of Title 42, The Public Health and
Welfare, and enacting provisions set out as notes under sections 7,
41, 103, 157, and 351 of this title] may be cited as the 'Patent
Law Amendments Act of 1984'."
TRANSFER OF FUNCTIONS AND ASSETS OF PATENT AND TRADEMARK OFFICE
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle G,
chapter 3], Nov. 29, 1999, 113 Stat. 1536, 1501A-585, provided
that:
"SEC. 4741. REFERENCES.
"(a) In General. - Any reference in any other Federal law,
Executive order, rule, regulation, or delegation of authority, or
any document of or pertaining to a department or office from which
a function is transferred by this subtitle [see Tables for
classification] -
"(1) to the head of such department or office is deemed to
refer to the head of the department or office to which such
function is transferred; or
"(2) to such department or office is deemed to refer to the
department or office to which such function is transferred.
"(b) Specific References. - Any reference in any other Federal
law, Executive order, rule, regulation, or delegation of authority,
or any document of or pertaining to the Patent and Trademark Office
-
"(1) to the Commissioner of Patents and Trademarks is deemed to
refer to the Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent and Trademark
Office;
"(2) to the Assistant Commissioner for Patents is deemed to
refer to the Commissioner for Patents; or
"(3) to the Assistant Commissioner for Trademarks is deemed to
refer to the Commissioner for Trademarks.
"SEC. 4742. EXERCISE OF AUTHORITIES.
"Except as otherwise provided by law, a Federal official to whom
a function is transferred by this subtitle may, for purposes of
performing the function, exercise all authorities under any other
provision of law that were available with respect to the
performance of that function to the official responsible for the
performance of the function immediately before the effective date
of the transfer of the function under this subtitle.
"SEC. 4743. SAVINGS PROVISIONS.
"(a) Legal Documents. - All orders, determinations, rules,
regulations, permits, grants, loans, contracts, agreements,
certificates, licenses, and privileges -
"(1) that have been issued, made, granted, or allowed to become
effective by the President, the Secretary of Commerce, any
officer or employee of any office transferred by this subtitle,
or any other Government official, or by a court of competent
jurisdiction, in the performance of any function that is
transferred by this subtitle; and
"(2) that are in effect on the effective date of such transfer
(or become effective after such date pursuant to their terms as
in effect on such effective date), shall continue in effect
according to their terms until modified, terminated, superseded,
set aside, or revoked in accordance with law by the President,
any other authorized official, a court of competent jurisdiction,
or operation of law.
"(b) Proceedings. - This subtitle shall not affect any
proceedings or any application for any benefits, service, license,
permit, certificate, or financial assistance pending on the
effective date of this subtitle [see Effective Date of 1999
Amendment note above] before an office transferred by this
subtitle, but such proceedings and applications shall be continued.
Orders shall be issued in such proceedings, appeals shall be taken
therefrom, and payments shall be made pursuant to such orders, as
if this subtitle had not been enacted, and orders issued in any
such proceeding shall continue in effect until modified,
terminated, superseded, or revoked by a duly authorized official,
by a court of competent jurisdiction, or by operation of law.
Nothing in this subsection shall be considered to prohibit the
discontinuance or modification of any such proceeding under the
same terms and conditions and to the same extent that such
proceeding could have been discontinued or modified if this
subtitle had not been enacted.
"(c) Suits. - This subtitle shall not affect suits commenced
before the effective date of this subtitle, and in all such suits,
proceedings shall be had, appeals taken, and judgments rendered in
the same manner and with the same effect as if this subtitle had
not been enacted.
"(d) Nonabatement of Actions. - No suit, action, or other
proceeding commenced by or against the Department of Commerce or
the Secretary of Commerce, or by or against any individual in the
official capacity of such individual as an officer or employee of
an office transferred by this subtitle, shall abate by reason of
the enactment of this subtitle.
"(e) Continuance of Suits. - If any Government officer in the
official capacity of such officer is party to a suit with respect
to a function of the officer, and under this subtitle such function
is transferred to any other officer or office, then such suit shall
be continued with the other officer or the head of such other
office, as applicable, substituted or added as a party.
"(f) Administrative Procedure and Judicial Review. - Except as
otherwise provided by this subtitle, any statutory requirements
relating to notice, hearings, action upon the record, or
administrative or judicial review that apply to any function
transferred by this subtitle shall apply to the exercise of such
function by the head of the Federal agency, and other officers of
the agency, to which such function is transferred by this subtitle.
"SEC. 4744. TRANSFER OF ASSETS.
"Except as otherwise provided in this subtitle, so much of the
personnel, property, records, and unexpended balances of
appropriations, allocations, and other funds employed, used, held,
available, or to be made available in connection with a function
transferred to an official or agency by this subtitle shall be
available to the official or the head of that agency, respectively,
at such time or times as the Director of the Office of Management
and Budget directs for use in connection with the functions
transferred.
"SEC. 4745. DELEGATION AND ASSIGNMENT.
"Except as otherwise expressly prohibited by law or otherwise
provided in this subtitle, an official to whom functions are
transferred under this subtitle (including the head of any office
to which functions are transferred under this subtitle) may
delegate any of the functions so transferred to such officers and
employees of the office of the official as the official may
designate, and may authorize successive redelegations of such
functions as may be necessary or appropriate. No delegation of
functions under this section or under any other provision of this
subtitle shall relieve the official to whom a function is
transferred under this subtitle of responsibility for the
administration of the function.
"SEC. 4746. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND
BUDGET WITH RESPECT TO FUNCTIONS TRANSFERRED.
"(a) Determinations. - If necessary, the Director of the Office
of Management and Budget shall make any determination of the
functions that are transferred under this subtitle.
"(b) Incidental Transfers. - The Director of the Office of
Management and Budget, at such time or times as the Director shall
provide, may make such determinations as may be necessary with
regard to the functions transferred by this subtitle, and to make
such additional incidental dispositions of personnel, assets,
liabilities, grants, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and other
funds held, used, arising from, available to, or to be made
available in connection with such functions, as may be necessary to
carry out the provisions of this subtitle. The Director shall
provide for the termination of the affairs of all entities
terminated by this subtitle and for such further measures and
dispositions as may be necessary to effectuate the purposes of this
subtitle.
"SEC. 4747. CERTAIN VESTING OF FUNCTIONS CONSIDERED TRANSFERS.
"For purposes of this subtitle, the vesting of a function in a
department or office pursuant to reestablishment of an office shall
be considered to be the transfer of the function.
"SEC. 4748. AVAILABILITY OF EXISTING FUNDS.
"Existing appropriations and funds available for the performance
of functions, programs, and activities terminated pursuant to this
subtitle shall remain available, for the duration of their period
of availability, for necessary expenses in connection with the
termination and resolution of such functions, programs, and
activities, subject to the submission of a plan to the Committees
on Appropriations of the House and Senate in accordance with the
procedures set forth in section 605 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1999, as contained in Public Law 105-277 [112
Stat. 2681-111].
"SEC. 4749. DEFINITIONS.
"For purposes of this subtitle -
"(1) the term 'function' includes any duty, obligation, power,
authority, responsibility, right, privilege, activity, or
program; and
"(2) the term 'office' includes any office, administration,
agency, bureau, institute, council, unit, organizational entity,
or component thereof."
FEDERAL AGENCY STATUS FOR PATENT AND TRADEMARK OFFICE
Pub. L. 101-508, title X, Sec. 10102, Nov. 5, 1990, 104 Stat.
1388-392, provided that: "For the purposes of Federal law, the
Patent and Trademark Office shall be considered a Federal agency.
In particular, the Patent and Trademark Office shall be subject to
all Federal laws pertaining to the procurement of goods and
services that would apply to a Federal agency using appropriated
funds, including the Federal Property and Administrative Services
Act of 1949 [now chapters 1 to 11 of Title 40, Public Buildings,
Property, and Works, and title III of the Act of June 30, 1949 (41
U.S.C. 251 et seq.)] and the Office of Federal Procurement Policy
Act [41 U.S.C. 401 et seq.]."

Last modified: April 19, 2006