
      The clerk of any United States court for the district wherein
    testimony is to be taken for use in any contested case in the
    Patent and Trademark Office, shall, upon the application of any
    party thereto, issue a subpoena for any witness residing or being
    within such district, commanding him to appear and testify before
    an officer in such district authorized to take depositions and
    affidavits, at the time and place stated in the subpoena. The
    provisions of the Federal Rules of Civil Procedure relating to the
    attendance of witnesses and to the production of documents and
    things shall apply to contested cases in the Patent and Trademark
    Office.
      Every witness subpoenaed and in attendance shall be allowed the
    fees and traveling expenses allowed to witnesses attending the
    United States district courts.
      A judge of a court whose clerk issued a subpoena may enforce
    obedience to the process or punish disobedience as in other like
    cases, on proof that a witness, served with such subpoena,
    neglected or refused to appear or to testify. No witness shall be
    deemed guilty of contempt for disobeying such subpoena unless his
    fees and traveling expenses in going to, and returning from, and
    one day's attendance at the place of examination, are paid or
    tendered him at the time of the service of the subpoena; nor for
    refusing to disclose any secret matter except upon appropriate
    order of the court which issued the subpoena.

                                AMENDMENTS                            
      1975 - Pub. L. 93-596 substituted "Patent and Trademark Office"
    for "Patent Office" in two places.
                     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.

Last modified: April 19, 2006