Patents - 35 USC Section 2

01/19/04

Sec. 2. Powers and duties

(a) In General. - The United States Patent and Trademark Office,
subject to the policy direction of the Secretary of Commerce -
(1) shall be responsible for the granting and issuing of
patents and the registration of trademarks; and
(2) shall be responsible for disseminating to the public
information with respect to patents and trademarks.
(b) Specific Powers. - The Office -
(1) shall adopt and use a seal of the Office, which shall be
judicially noticed and with which letters patent, certificates of
trademark registrations, and papers issued by the Office shall be
authenticated;
(2) may establish regulations, not inconsistent with law, which
-
(A) shall govern the conduct of proceedings in the Office;
(B) shall be made in accordance with section 553 of title 5;
(C) shall facilitate and expedite the processing of patent
applications, particularly those which can be filed, stored,
processed, searched, and retrieved electronically, subject to
the provisions of section 122 relating to the confidential
status of applications;
(D) may govern the recognition and conduct of agents,
attorneys, or other persons representing applicants or other
parties before the Office, and may require them, before being
recognized as representatives of applicants or other persons,
to show that they are of good moral character and reputation
and are possessed of the necessary qualifications to render to
applicants or other persons valuable service, advice, and
assistance in the presentation or prosecution of their
applications or other business before the Office;
(E) shall recognize the public interest in continuing to
safeguard broad access to the United States patent system
through the reduced fee structure for small entities under
section 41(h)(1) of this title; and
(F) provide for the development of a performance-based
process that includes quantitative and qualitative measures and
standards for evaluating cost-effectiveness and is consistent
with the principles of impartiality and competitiveness;
(3) may acquire, construct, purchase, lease, hold, manage,
operate, improve, alter, and renovate any real, personal, or
mixed property, or any interest therein, as it considers
necessary to carry out its functions;
(4)(A) may make such purchases, contracts for the construction,
maintenance, or management and operation of facilities, and
contracts for supplies or services, without regard to the
provisions of subtitle I and chapter 33 of title 40, title III of
the Federal Property and Administrative Services Act of 1949 (41
U.S.C. 251 et seq.), and the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11301 et seq.); and
(B) may enter into and perform such purchases and contracts for
printing services, including the process of composition,
platemaking, presswork, silk screen processes, binding,
microform, and the products of such processes, as it considers
necessary to carry out the functions of the Office, without
regard to sections 501 through 517 and 1101 through 1123 of title
44;
(5) may use, with their consent, services, equipment,
personnel, and facilities of other departments, agencies, and
instrumentalities of the Federal Government, on a reimbursable
basis, and cooperate with such other departments, agencies, and
instrumentalities in the establishment and use of services,
equipment, and facilities of the Office;
(6) may, when the Director determines that it is practicable,
efficient, and cost-effective to do so, use, with the consent of
the United States and the agency, instrumentality, Patent and
Trademark Office, or international organization concerned, the
services, records, facilities, or personnel of any State or local
government agency or instrumentality or foreign patent and
trademark office or international organization to perform
functions on its behalf;
(7) may retain and use all of its revenues and receipts,
including revenues from the sale, lease, or disposal of any real,
personal, or mixed property, or any interest therein, of the
Office;
(8) shall advise the President, through the Secretary of
Commerce, on national and certain international intellectual
property policy issues;
(9) shall advise Federal departments and agencies on matters of
intellectual property policy in the United States and
intellectual property protection in other countries;
(10) shall provide guidance, as appropriate, with respect to
proposals by agencies to assist foreign governments and
international intergovernmental organizations on matters of
intellectual property protection;
(11) may conduct programs, studies, or exchanges of items or
services regarding domestic and international intellectual
property law and the effectiveness of intellectual property
protection domestically and throughout the world;
(12)(A) shall advise the Secretary of Commerce on programs and
studies relating to intellectual property policy that are
conducted, or authorized to be conducted, cooperatively with
foreign intellectual property offices and international
intergovernmental organizations; and
(B) may conduct programs and studies described in subparagraph
(A); and
(13)(A) in coordination with the Department of State, may
conduct programs and studies cooperatively with foreign
intellectual property offices and international intergovernmental
organizations; and
(B) with the concurrence of the Secretary of State, may
authorize the transfer of not to exceed $100,000 in any year to
the Department of State for the purpose of making special
payments to international intergovernmental organizations for
studies and programs for advancing international cooperation
concerning patents, trademarks, and other matters.
(c) Clarification of Specific Powers. - (1) The special payments
under subsection (b)(13)(B) shall be in addition to any other
payments or contributions to international organizations described
in subsection (b)(13)(B) and shall not be subject to any
limitations imposed by law on the amounts of such other payments or
contributions by the United States Government.
(2) Nothing in subsection (b) shall derogate from the duties of
the Secretary of State or from the duties of the United States
Trade Representative as set forth in section 141 of the Trade Act
of 1974 (19 U.S.C. 2171).
(3) Nothing in subsection (b) shall derogate from the duties and
functions of the Register of Copyrights or otherwise alter current
authorities relating to copyright matters.
(4) In exercising the Director's powers under paragraphs (3) and
(4)(A) of subsection (b), the Director shall consult with the
Administrator of General Services.
(5) In exercising the Director's powers and duties under this
section, the Director shall consult with the Register of Copyrights
on all copyright and related matters.
(d) Construction. - Nothing in this section shall be construed to
nullify, void, cancel, or interrupt any pending
request-for-proposal let or contract issued by the General Services
Administration for the specific purpose of relocating or leasing
space to the United States Patent and Trademark Office.

AMENDMENTS
2003 - Subsec. (b)(4)(A). Pub. L. 108-178 substituted "subtitle I
and chapter 33 of title 40, title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)," for
"the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 471 et seq.), the Public Buildings Act (40 U.S.C. 601 et
seq.),".
2002 - Subsec. (b)(2)(B), (4)(B). Pub. L. 107-273 struck out ",
United States Code" before semicolon at end.
2000 - Subsec. (b)(4)(A). Pub. L. 106-400 substituted
"McKinney-Vento Homeless Assistance Act" for "Stewart B. McKinney
Homeless Assistance Act".
1999 - Pub. L. 106-113 amended section catchline and text
generally. Prior to amendment, text read as follows: "The Patent
and Trademark Office shall have a seal with which letters patent,
certificates of trade-mark registrations, and papers issued from
the Office shall be authenticated."
1975 - Pub. L. 93-596 substituted "Patent and Trademark Office"
for "Patent Office".
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108-178 effective Aug. 21, 2002, see section
5 of Pub. L. 108-178, set out as a note under section 5334 of Title
5, Government Organization and Employees.
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,
1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.
106-113, set out as a note under section 1 of this title.
EFFECTIVE DATE OF 1975 AMENDMENT
Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4
of Pub. L. 93-596, set out as a note under section 1111 of Title
15, Commerce and Trade.
ELECTRONIC FILING AND PROCESSING OF PATENT AND TRADEMARK
APPLICATIONS
Pub. L. 107-273, div. C, title III, Sec. 13103, Nov. 2, 2002, 116
Stat. 1899, provided that:
"(a) Electronic Filing and Processing. - The Director [of the
Patent and Trademark Office] shall, beginning not later than 90
days after the date of enactment of this Act [Nov. 2, 2002], and
during the 3-year period thereafter, develop an electronic system
for the filing and processing of patent and trademark applications,
that -
"(1) is user friendly; and
"(2) includes the necessary infrastructure -
"(A) to allow examiners and applicants to send all
communications electronically; and
"(B) to allow the Office to process, maintain, and search
electronically the contents and history of each application.
"(b) Authorization of Appropriations. - Of amounts authorized
under section 13102 [set out as a note under section 42 of this
title], there is authorized to be appropriated to carry out
subsection (a) of this section not more than $50,000,000 for each
of fiscal years 2003, 2004, and 2005. Amounts made available
pursuant to this subsection shall remain available until expended."

Last modified: April 19, 2006