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198 FORTY-FIRST CONGRESS. SESS.II. CR. '229,230. 1870.

of six hundred and seventy-eight thousand three hundred and sixty-twodollars 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 interestsin said claim to the European and North American Railway Companyof Maine, to aid said company in constructing its line of railway, the

One third to Secretary of the Treasury is hereby authorized and directed to pay onebe paid to ¥nine third part of the said claim of six hundred and seventy-eight thousandand two thirds. '" I Sto Massachu- three hundred and sixty-two dollars and forty-one cents' to t ie tatesetts, and all for of Maine, and the other two thirds part thereof to the State of l\Iassachu-~~r~~~~~t::Jhe setts, by an issue to each of said States for the use and benefit of said

North American European and North American Railway Company, of an amount of Railway Co. United States certificates of indebtedness equal to its share in the whole. Certificates of sum allowed and to be paid; said certificates to be of the denomination~ndebt.edness, of one thousand dollars each, to be made and issued by the Secretaryrorm, interest, f h T . h L': d' d d d . d h&c. 0 t e reasury In sue rorm, an slgne, atteste , an registere as e

shall direct, and with or without interest warrants as he may prefer.Each certificate to run five years from its date, to draw interest, payablesemiannually, at the rate of four per centum per annum, and to be pay-able, 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 NorthAmerican Railway Company of the amount hereby authorized to be paidto each of said States for the use and benefit of said railway companyshall be held and regarded as a full adjustment and payment of any andall claims for interest as aforesaid, and also a complete adjustment,liquidation, and payment of any and all other claims of the said Statesof Massachusetts and Maine, and of said railway company, or either of them, against the United Stutes for and on account of any matters arisingfrom any money expended by said State of Massachusetts on account of the war with Great Britain, in eighteen hundred and twelve to eighteenhundred and fifteen, or any interest thereon, or on account of any mattersarising out of or accruing from the treaty with Great Britain known as

Vol. viii. p.572. the treaty of Washington, or for or on account of any other matters whichhave been assigned by said States of· Massachusetts and Maine to saidrailway company.

ApPROVED,July 8, 1870.

All claims byMassachusetts,Maine. &0 . for,&c. to' be liqui-dated hereby.



ClI. i!29, 230. 1870. FORTY-FIRST CONGRESS. SESS. II. ClI. 230. 1870. 199

end the Statutes relating to

by the Secretary of the Interior, upon nomination of the commissionerof patents. .

SEC. 3. And be j:tfurther enacted, That the Secretary of the Interior Additiona~

may also nppoint, upon like nomination, such additional clerks of classes cledrkls'bcoPYlsts,. d . f . fl' a n a orers,

two and one, and of lower gra es, copyists0

drawings, ema e COpyists,skilled laborers, laborers, and watchmen, as may be from time to timeappropriated for hy Congress.

SEC. 4. And b e it further enacted, That the annual salaries of the offi- Salariesofoffi-

cers and employees o f the patent office shall be as follows; - ~~~ea:s~em-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 appro-priations 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 g iv e 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 willrender to the proper officers of the treasury a true account of all moneyreceived by virtue of their office.

SEC. 7. And be it further enacted, That it shall be the duty of the Dutles of cota-commissioner, under the direction of the Secretary of the Interior, to mrssioner,

l hundred and sixty-twon; and whereas by anusetts and the State of I'll hundred and twenty,

-ne third of this claim;heir respective interestsican Railway Companyits line of railway, the

.nd directed to pay oneseventy-eight thousand

one cents' to the Statethe State of Massachu-

use and benefit of saidmy, of an amount of o its share in the whole

be of the denominationssued by the Secretary1, and registered as hents as he may prefer.) draw interest, payableannum, and to be pay-

y of the United States,;oogress.acceptance by the saidl European and Northy authorized to be paid. said railway companyid payment of any and

complete adjustment,rims of the said States, company, or either of . of any matters arisingichusetts on account of and twe!ve to eighteenaccount of any matters}relit Britain known asOJ other matters whichsus and Maine to said



200 FORTY-FIRST CONGRESS. SESS.II. Crr.230. 1870.

Patent agentsmay be refused

condition of the patent office, as may be useful to Congress or thepublic.

Examiners-in- SEC. 10. And he it further enacted, That the examiners-in-chief shall

chi~f and their be persons of competent legal knowledge and scientific ability, whoseduties, 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 ashe may assign them. .

.As.sistantcom- SEC. 11. And be it further enacted, That in case of the death, resign a-

:1~~~~Is~?o~~~tion, absence, or sickness of the commissioner, his duties shall .devo]vewhen, &c. upon the assistant commissioner until a successor shall be appointed, or

such absence or sickness shall cease.

SEC: 12. And beit further enacted, That the commissioner shall causea seal to be provided for said office, with such device as the Presidentmay approve, with which all records or papers issued from said office, to

be used in evidence, shall be authenticated.

Models, &c. to SEC. 13. And be it further enacted, That tbe commissioner shall causebe classifi~d and to be classified and arranzed in suitable cases, in the rooms and galleriesarranged IU '.c "h I I . f .. 1.' b.rooms' provided i01.' that purpose, t e moe e s, specimens 0 composition, ill rICS,

, manufactures, works of art , a nd designs, w hich have been o r shall be

ro0l?" ~ be deposited in said office; and said rooms and galleries shall be kept openopen tor inspec- duri . bl h 1.' bli .tion. uring suita e ours ror pu IC mspecnon.

Certain mod- SEC. 14. And be it further enacted, That the commissioner may restore

etolsmd"Ytbe rel~ to the respective applicants such of the models belonging to rejecteds re 0 app 1- licati 1 I 11 I' k b d hcants, or how app ications as ie S ia not t lin necessary to e preserve , or e mayotherwise dis- sell or otherwise dispose of them after the application has been finallyposed of. 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 forthat purpose.

Officers, &c. SEC. 16. And be it further enacted, That all officers and employees of ~atnnottt~ke an

t

y the Patent Office shall be incapable, during the period for which they10 eres In" pat- hall h ld hei . k di ] . di Ient, except, &c. sao t err appointments, to acqUIre or ta e, irect y or III irect y,

except by inheritance or bequest, any right or interest in any patent is-sued by said office.

SEC. 17. And be it further enacted, That for gross misconduct the com-

missioner may refuse to recognize any person as a patent agent either

Seal of patentoffice.

Library.



oreby, authori~ed to

o assist in the detcc-

lpersons committing

such other duties as

b.ieh said agent shall

-lve hundred dollurs,

tho discharge of his

THE PATENT.OFFICE,

Sec,

33. Estllulisl.llncnt of the Patent-Ollbe.

:31, Appointment of omcers and employos.35. Thcir salaries.

36. 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 moil-

els, &c.

43. Disposal of models on I'('jeetetlllpplica-

tions.,.J4. Li braries.

Sec.

45. Patcnt-agents nlllY be refused recog-

nition.

46. Printing papers filed.

47. Printing copies of claims and decisions.

48. Printing specifieatioLs and drawings.

49. Additional sllceifications and drawings.

50. Lithographing and engraving.

51. Priee of copies of fpccificlltion>! and

drawings.

G2. Annnal report of the COlllnJissiuner of

Patents.

G3. Custody of collection>! of exploring

expcd itions.

I

SEC. 33. There shall1.>e in the Departmeut of the Interior ]C>!aHi.lmlenlof

the F'atent-Of,an office known as the Patent-Office, where all records, tiCf.

books, models, drawings,8pecifications, and other papers -S-Ju-ly-,-JS-7·-O,-e-h.I hi . . t 1]1 1. fi]] t 1230, § J, vol.16, p,ant t mgs pertaining to patents S ia ue s a ery i.ep anc 198.

preserved.

,

SEC. 31. '1'he1'e shall be in the Patent.Offlcr, a Commis- Appointmentof

. f I~ \ . t t C .. d th officer. and em-slOner 0 atents, one L-,-SS1sall ommlSSlOner, an . ree ploJe.. .

i i hi f 1\ 110 h ll b i t d b th P id t SJ IY 1870h



240

Seal oft~ePalent. SEC. 36. Tho seal heretofore provided for the PatentOffice.

8 .Iuty, 1870, ell. Office shall be the seal of the Office, with which letters-~:1O,012, vol. Hi, p, patent and papers issued from the office shall 1 . . 13 autheu-200.

ticated.

Bond. of Comm'a- SEC. 37. Tile Commissioner of Patents aud the chief alouer and. chief lIb o . teri 1 ' duti h II 11'clerk. cieru etore e n enng upon t tell' uties, s a severa y give

8 July, 1870, ch. bond, with sureties, to the Treasurer of the United States,2:10,0 6, vol. 16, p, 1 1199, the former in the sum of ten thousand dollars, anr t ie lat-

ter 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.

R';;~~~~~~:;~:;'~SEC. 33. All officers and employes of the Puteut.Oftlee

1'Io)'€.. shall be incapable, <luring the period for which they hold

",8 iUl6

y,181701~.eh.their appointments, to acquire or take, directly or indi-.....~o,':)1 ,VO. u, p.

200. rectly, except by inheritance or bequest, any right or inter-

est in any patent issued by the Office.

Dutie, of the Com- SEC. 39. The Commissioner of Patents, under the direc-TIl i8 g ion er of . ..I'atolll'. 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, t t di t d bIt b d d hIlI 1 1l~~,· pa ens irec e y aw 0 e one; an e s ra a ve

~ Bllllehf., 31, charge of all books, records, papers, models, machines, and

other things belonging to the Patent- Office.



~l for the Patent-~ith which letters-

Ie shall be authen-

~Iltsand the chief shall severally give

the United States,:1011ars,and the lat-

conditioned for theIties,and that theyhe Treasury a trueof their offices.

I f the Patellt-Oftke'or which they holdc e , directly or hHH-" any right or inter-

Its, under the diroc-

lhall superin tend orIting and issuing of and he shall have

•dels, machines, and

SEC. 42. The Commissioner of Patents shall cause to be Arran.g",nenl ande 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 Patent-

Office; and the rooms and galleries shall be kept open dur-ing suitable hours for public inspection.

SEC. 43. The Commissioner of Patents may restore to the Dispo.al. of med-• • 01. on rejectdrespective applicants such of the models belonging to re- application •. \

jected applications as he shall not think necessary to be 8 July. 1870'lb.• • 2:10, § 14, vol. 6,preserved, or he may sell or otherwise dispose of them after p. 2(1). ,

the application has been finally rejected for one year, pay- '

ing the proceeds into the Treasury, as other patent-moneysare directed to be paid.

SEC. 44. There shall be purchased for the use O f the Pat. Library.

cnt-Office a library of such scientific works and periodicals, 2 3 ~ .~ U l& ,I; ~ ? , ~ ~ ;both foreign and American, as may aid the officers in the p.20u.

discharge of their duties, not exceeding the amount annu-ally appropriated for that purpose.

SEC. 45. For gross misconduct the Oommissioner of Pat- Palen t. age n t •

b f d



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 examinerof trade-marks and designs, $3,000; one second assistant examiner of trade-marks and designs, at $2,700, and one at $2,500; one thirdassistant examiner of trade-marks and designs, at $2,200, and one at$2,050; six fourth assistant examiners of trade-marks and designs-two 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 firstassistants-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 eachthirty 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, whoshall give bond in such amount as the Commissioner of Patents maydetermine, $2,500; librarian, $2,700; eight chiefs of nonexaminingdivisions, at $2,500 each; eight assistant chiefs of nonexaminingdivisions, at $2,100 each; private secretary, to be selected and ap-pointed by the commissioner, $2,000; translator of languages, $2,400;assistant translator of languages, $2,000; clerks-twenty-two of classfour, 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 twenty-five of class one, at $1,200 each; one hundred, at $1,100 each; skilleddraftsmen, 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 exam-iners' aids and thirty-nine copy pullers, who shall be selected withoutre~ard to apportionment, $720 each.

Special alfd tempo- 'For special and temporary services of typewriters certified byrary typewriters. . .. . . 6 't •

Amount authorized the CIVIlService Commission, who may be employed in such num-for. bel'S, at $3 per diem, as may, in the judgment of the Commissioner

\ of Patents, be necessary to keep current the work of furnishingmanuscript copies of records, $7,500.

Professional books, "For purchase of law professional and other reference books andetc. . . , , , .

Amount authorizod publications and SCIentific bopks, and expense of transportmgtor. publications of patents issued by the Patent Office to foreign Gov-

., . ernments, $10,000. 'Ii Invest igating prior , ,TO" •• h ion of bli 1 f i .

us e of i nvent ions . ct" . .!Cor investigating t e question 0 pu lC use or sa e 0 inventionsAmount authorized for two years or more prior to filinz applications for ~atents and~r. 0'



SIXTY-SEVENTH CONGRESS. SESS. II. Cu. 58. 19~2. 391

before his office any person, agent, or attorney shown to be incom-petent or disreputable, or guilty of gross misconduct, or who re-fuses to comply with the said rules and regulations, or who shall,with intent to defraud in any manner, deceive, mislead, or threatenany n.pplicant or prospective applicant, or other person havingimmedlate or prospective business before the office, by word, cir-cular, letter, or by advertisinz. The reasons for any such suspen- . ' . ..

. lusi h 1 1 b d '1 d d ~ d h . f tl Review byDistrictSIOn 0.1' ~XCUSIOns a ~ lily rec.o.I' e. 1:,:n. t e actIOn. 0 .ne ofColumbiaSupreme

comrmssioner may be reviewed upon the petition of the person so Courtonappeal.

refused recognition or so suspended or excluded by the Supreme

Court of the District of Columbia under such conditions and uponsuch 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 d Th Offici I G f I ..•.,.. d St P Office i u icatton an (IS-. II'. e cia azette 0 the Unite ates atent ce In tributionauthorized.

numbers sufficient to supply all who shall subscribe therefor at $fj

per annum; also for exchange for other scientific publications desira-ble for the use of the Patent Office; also to supply one copy toeach Senator, Rerresentative, and Delegate in Congress; also to sup-ply one copy to eight such public libraries having over one thousand

volumes, exclusive ofGovernment publications, as shall be designatedby each Senator, Representative, and Delegate in Congress, with onehundred additional copies, together with weekly, monthly, and. annualindexes 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.4·j83,p.945,is hereby, amended to read as follows: amended.

"SEC 48R3 All patents shall be issued in the name of the United. Letterspatenttobe. c.. issued byCommlsston-

States of America, under the seal of the Patent Office, and shall either er,.otc.b . db' C .. f P h hi . d "0132P 95amend-e slgne y tne ommlsslOner 0 atents or ave IS name prmte ed. . , . ,

thereon and atte\;ted by an Assistant Commissioner of Patents or by

one of the law examiners duly designated by the commissioner, andshall be recorded. to~ether with the specifications, in the Patent Officein 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:

fl 1 " ! 2 / '



e~ fla 1 . - Z ! J 2 / ' ~,\/V) Lc;)U I l-e,l-<.- t- p

TITLE 35.-PATENTS i J - e L 3I ;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, 17Stat. 198. .

§ 2. Offi cers and employees. There shall be in theP aten t Offic e a Commission er of P atents, on e f irst a s-sistan t c ou nn lsslon er, o ne assistant c ommission er, a nd

six examiners in chief, who shall be appointed by thePresident, by a nd with the advice and consent of theSenate. The first assistant commissioner and the assist-ant commissioner shall perform such duties pertainingto his office of commissioner as may be assigned to them,respe etive ly , from time to time by th e Commission er o f P aten ts. All o th er office rs, clerks, a nd e mploye es a n-thoriz ed b y law for the o ffic e sha1 l b e a ppo in ted by theSecret ary of C ommerce upon t he nomi nation of theCo mmissio no r o f Pa te nts, in acc ordan ce with e xistinglaw. (R. S. §§ 476, 477; Feb. 14, 1903, c. 552, § 12, 32S ta t. 83 0: ! \Iay 4, * l()09, c . 2 97 , § I , 3 5 S tat . 8 91 ; JuneIi, 19 lO, c. 29 7, § 1 , 36 Stat . 51 4; Fe b. 15 , 1 91 6, c. 2 2, §§1, 2. 3~) Stat. 8t: !\Iay 10, 1916, c. 117, § 1. ::19Stat. 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 . Sa al, Th e seal p rov ide d for the P aten t Office p ri-or to July 8, 1870, shall be the seal of the office, withwh ic h lette rs p aten t a nd p ape rs issue d from the officeshall be authenticated. (R. S. § 478.)

Act July 8, 1870, c. 230, § 12, 16 Stat. 200.

§ 4 . Re strictio ns on o ffic ers a nd e mp lo ye es o f Pa te ntOffi ce as to Interest i n pat ents. All officers and em-p lo ye es o f the Pa te nt Office sh all be inc apa ble, d urin gthe period for which they hold their appointments, to ac-qu ire o r take , dire ctly o r ind irectly, ex cep t by in herit-an ce or b equ est, a ny r igh t o r interest in an y p aten t is-sued by the office. (R. S. § 480.)

Act July 8. 1870, c.230, § 16, 16 :;)tat. 200.

§ 5 . Bon ds o f co mmissio ne r a nd c hief c le rk. Th e Co m-missio ne r o f Pa te nts an d the c hief clerkv wh o sha ll h equalified to act as a principal examiner, before enteringup on the ir du t ie s, shall se verally give b on d, with sure-ties, to the Treasurer 0\ the United States, the former

in th e sum of $ 10 ,0 00 , an d the latte r in the su m of $5 ,-00 0, c on dition ed for the faith ful d isch arge o f th eir re-spective duties, and that they shall render to the GeneralAccounting Office a true account of all money received byvirtue of th e ir o ffic es. (R. S . § * 47 9; Ma r. 4, 1 90 9, c .297, § I, 35 Stat. 891.tl

the v alidity o f th e a dv erse d ecisions o f exa mia pp lica tion s for pa te nts a nd for reissue s of pa 'in interfe re nc e c ases. Ea ch ap pe al sha ll he helea st three memb ers o f the bo ard o f ap pe als t'

b el 'S he aring suc h ap pe al to b e de sign ated b~missioner. The board of appeal s shall have soto grant rehearings. (RS. § 482; Mar. 2, 1927§ 3, 44 Stat. 13:)5.):

Section 15 or Act March 2, 1927, c. 273, provided 1I.~

"Tbat this Act ahall take effect two months after its abut It sha ll not affect appeals then pending and hearthe examiners In chief or pending before the Coroml I

Patents or in the Court of Appeals of the DIstrict orand that in all cases in which tbe time for appeal rrocision of the examiners in chief or or the Commissionerents or for amendment or renewal of application hadpired at the time this Act takes effect. appeals and otceedings may be taken under the statutes in foree att:or approval of this Act as if such statutes had not been &or repealed.",

R. S. § 482 was derived from Act July S, 1870, C 230·'Stat. 199. • .':

§ 10. Li brary. There shall be purchased for t '

of the Patent Office a library of such scientific worperi odicals, both foreign and American, as mthe officers in the discharge of their duties, not ex,the amount annually appropriated for that purpoiS. § 48i .••.,}

Act July 8, 1870, e. 230, § 15, 16 Stat. 200.

'§ II. Pa te nt a gen ts o r a ttorne ys; rules a nd re gfo r; suspe nsio n or ex clusio n fro m p ra ctice . Tbmissio ne r o f Paten ts, subjec t to the a pp rov al of tretary of Commerce, may prescribe rules and regigoverning the recognition of agents; attorneys, opersons representing applicants or other partieS:his office, and may require of such persons, agents,

torneys, before being recognized as representaappli cants or ot her persons, t hat t hey shal l sbthey are of g ood moral character and in gooda re p osse sse d o f th e n ec essa ry qu alif ica tions to.the m to ren de r to app lican ts or other p ersonsse rvice , an d a re l ik ewise c ompe te nt to ad vise annplicants or other persons in the presentation 0cu tion of the ir ap plica tions or o the r bu sine ss beoffice. The Commission er of Paten ts may , a fteand opportunity for a hearing, suspend or exeludgenerally or in any particular case, from further.before his office any person, agent, or attorneybe inco mp eten t or d isre pu ta ble, or g uilty ofgconduct, or who refuses to comply with the said

re gulatio ns, or who sha ll , with intent to defra umanner •.. .deceive, mislead, or threaten any app]pr-ospective applicant, or other person having i Wor prospectivefbusiness before the office, by w0l:!Iar , lette r, o r b y a dv ertising . The reasons for 'asuspension or exclusion shall be duly recorded



1TITLE 35.-PATENTS

Bee.

1.2.3.4.

5.6.7.

10.11 .

12.13.14.15.16.17.18.

19.20.21.

22.23.

Chapter I.-PATENT OFFICE

tel' in the sum of $5.000, conditioned for the faithfuldischarge of their respective duties, and that theyshall render to the General Accounting Office a trueaccount 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. s. i 479 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 Com-merce, shall superintend or perform all duties re-specting the granting and issuing of patents directedby law; and he shall have charge of all books, records,papers, models, machines, and other things belongingto the Patent Office. He may, subject to the approvalof the Secretary of Commerce, from time to time es-tablish regulations, not inconsistent with law, for theconduct 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. H IO , § 12, 18 Stat. 402.

R. S. § 483 from Act July 8, rsro, c. 230, i 19, 16

Stat. 200.

§ 7. Examiners in chief; board of appeals. The ex-aminers in chief shall be persons of competent legalknowledge and scientific ability. The Commissioner

of Patents, the first assistant commissioner, the assist-ant commissioners, and the examiners in chief shallconstitute a board of appeals, whose duty it shall be,on written petition of the appellant, to review and de-termine Upon the validity of the adverse decisions of examiners upon. applications for patents and for re-issues of patents and in interference cases. Each ap-peal shall be heard by at least three members of theboard of appeals, the members hearing such appeal tobe designated by the commissioner. The board of ap-peals shall have sole power to grant rehearings. (RS. § 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.§ 10. Library. There shall be purchased for the use

of the Patent Officea library of such scientific worksand periodicals,,-tboth foreign and American, as mayaid the officers in the discharge of their duties, notexceeding the amount annually appropriated for that

EstabllBhmen t.Officers and employees.Seal.Restrictions on officers and employees of Patent Office

as to interest in patents. •Bonds of commissioner and chief clerk.Duties of commissioner.Examiners in chief; board of appeals.Library.Pateot agents or attorneys; rules and regulations for;

suspension or exclusion from practice.Priming of papers filed.Printing copies of claims, laws, decisions.Certified copies of drawings of patents issued; fees.Exchange of printed copies of patents with Canada.Multigraplling headings of drawings for patented cases.Custody of collections of exploring expedition.Commission to select Patent Office models for preserva-

tion and exhibition; expenses; report to Congress.

Disbursements for Patent Office.Annual report of commissioner.Day for taking any action or paying any fee falling on

Sunday.Money required for office; appropriation from revenues.Files and papers of abaudoned applications; disposition.

Section 1. Establishment. There shall be in the

Department of Commerce, an officeknown as the Pat-ent Office,where all records, books, models, drawings,specifications, and other papers and things pertain-ing 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.

§ 2. Officers and employees. There shall be in thePatent Officea Commissioner of Patents, one first as-sistant commissioner, two assistant commissioners,and nine examiners in chief, who shan be appointedby the President, by and with the advice and consentof the Senate. The first assistant commissioner andthe assistant eommtsstoness shall perform such duties

pertaining to the officeof ~ommissioner as may be as-signed to them, respectively, from time to time by theCommissioner of Patents. All other officers, clerks,and employees authorized by law for the office shallbe appointed by the Secretary of Commerce upon thenomination of the Commissioner of Patents, in ac-



§ 12 TITLE 35.-PATENTS Page 1594

before the office, by word, circular, letter. or by ad-vertising. 'I'he reasons for any such suspension orexclusion shall be duly recorded. The action of thecommissioner may be reviewed upon the petition of the person so refused recognition or so suspended orexcluded by the Supreme Court of the District of Columbia under such conditions and upon such pro-

ceedings 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 8, 1870. c. 230, § 17, 16Stat. 200.

§ 12. Printing of papers filed. The Commissionerof Patents may require all papers filed in the PatentOffice,if not correctly, legibly, and clearly written, tobe 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 tobe printed, copies of the claims of current issues, andcopies of such laws, decisions, regulations, and cir-culars as may be necessary for the information of thepublic. (R. S. § 480.)

From Act July 8. 1870, c. 230. § 20, 16 Stat. 200; ActJune 20. 1874. c. 328, 18 Stat. 105.

.See section 283 of Title 44. .

§ 14. Certified copies of drawings of patents is-sued; fees. Certified copies of drawings and specifica-tions of patents issued may be furnished by the Com-missioner of Patents to persons applying therefor uponpayment of the rates for uncertified copies. and 25cents additional for each certification. Nothing in

sections 487 to 491 of Title 5 shall be so construed asto 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 withCanada. The Commissioner of Patents of the UnitedStates is authorized to exchange with the Dominionof Canada, under such terms of contract as may 'byhim be deemed practicable, printed copies of patentsissued by the United States. (Jan. 14, 1915, No.3.38 Stat. 12'21.)

§ 16. Multigraphing headings of drawings for pat-

ented cases. H~adings of the drawings for patentedcases may be multigraphed in the Patent Officefor thepurpose 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. 44Stat 1217; Feb 15 1928 c 57 45 Stat 100; Jan 25

to handling and removing the said models and exhibitsand to employ per diem employees in such numbersand at such times as he may determine. and payeach of the said employees at a rate of compensationnot to exceed $5per day, such employees to be engagedupon the work of uncruting, removing. crating, stor-ing, 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 Com-

merce.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. Disburse-ments for the Patent Officeshall be made by the dis-bursing 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, 16Stat. 209.

§ 20. Annual report of commissioner. The Com-missioner of Patents shall lay before Congress, in themonth of January, annually, a report. giving a de-tailed statement of all moneys received for patents,for copies of records or drawings. or from any othersource whatever; a detailed statement of all expendi-tures for contingent and miscellaneous expenses; alist of all patents which were granted during the pre-cedIng year. designating under proper heads the sub-

jects of such patents; an alphabetical list of all thepatentees. with their places of residence; a list of allpatents 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 thepublic. (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 feefalling on Sunday. Where the day, or the last day,fixed by statute for taking any action or paying anyfee in the United States Patent Office falls on Sun-day. or on a holiday within. the District of Columbia,the action may be taken. or the fee paid, on the nextsucceeding 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 fromrevenues. The money required for the Patent Office-each Yilar, commencing with the fiscal year 1932, shallbe apffi'opriated by law out of the revenues of thatoffice,except as otherwise provided by law. (Apr. 11,



§ 309

1 « ~ ~ eJ.,'t-;cM TITLE 28.-JUDICIAL CODE AND JUDICIARY

c. 229, § 8, 43 Stat. 940; May 28, 192G,c. 411, § 1, 44Stat. 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 allowedfrom any United States Customs Court to any courtother than the Court of Oustoms and Patent Appeals,and no appellate jurisdiction shall be exercised orallowed by any other courts in cases decided by saidUnited States Customs Court; but all appeals allowedby law from such United States Customs Court shallbe subject to review only in the Court of Customs andPatent Appeals, according to the provisions of thischapter. (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, 45Stat. 1475.)

§ 309a. Jurisdiction in patent cases. (a) The jur-isdiction vested prior to April 1, 1929, in the UnitedStates Court of Appeals for the District of Columbiain respect of appeals from the Patent Officein patentand trade-mark cases is vested in the United StatesCourt of Customs and Patent Appeals.

(d) Nothing contained in this section shall be con-strued as affecting in any way the jurisdiction of theUnited 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 Code, section 198.) Appeals from

United States Customs Court. If the importer,owner, consignee, or agent of any imported merchan-dise, or the collector or Secretary of the Treasury,shall be dissatisfied with the decision of the UnitedStates Customs Court as to the construction of thelaw and the facts respecting the classification of suchmerchandise and the' rate of duty imposed thereonunder such classifleatiop, or with any other appeal-able decision of said Court, they, or either of them,may, within sixty days next after the entry of suchdecree or judgment, and not afterwards, apply to theCourt of Customs and Patent Appeals for a review of the questions of law and fact involved in such deci-sion.'\ In Alaska and in the insular and other outside

possessions of the United States ninety days shall beallowed for making such application to the Oourt of Customs and Patent Appeals. Such application sha!Jbe made by filing in the office of the clerk of samcourt a concise statement of errors of law and factcomplained of; and a copy of such statement shall be

of Customs and Patent Appeals in every casepeal from the decision of the Patent Otliee slrendered in writing, and shall be filed in such (part of the record thereof, and a certified copyopinion shall be sent to the Commissioner of I

and shall be entered of record in the Patent(Mar. 2, 1929, c. 488, § 3, 45 Stat. 1476.)

See.321.322.323.324.325.326.327.

328.329.330.331.

332.333.334.

335.

336.

331.338.339.340.341.342.343.344.

345.

346.

Chapter 9.-THE SUPREME COURT

341.

Number of justices.Precedence of Associate Justices.Vacancy in office of Chief Justice.Salaries of justices.Clerk, marshal, and reporter.Clerk; bond.Same; dep uties; liability of cler k for depu ty

feasance.Law clerks; salaries. [Temporary. IRecords of old court of appeals.Tables of fees.Marshal; salary; duties.

Reporter; duties; printing and binding of declsReporter; salary and allowances.Pr inting, b inding, and distribution o f r ep or t

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 b y circ uit c ou rts of a

and United States Court of Appeals for DianColumbia.

Certior ar i to circ nit co ur ts of appeals andSta tes Cou rt of Appeals for District of Coltappeal to Supr eme Court fr om cir cuit co uappeals in certain cases; other reviews not al

Certification of questions to Supreme Court by ,courts of appeals, and certiorari thereto, arpeal or writ of error to Supreme Court fromcourts of appeals in certain other cases.

Certior ar i to r eview decisions of Su pr eme CalPhilippine Islands.

Time for making application for appeal or certistay 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.

348.

349.

350.

351.352.

353.354.

CROSS REFERENCE

Law library; see sections 138 and 139 of TItle 2.

S ti 321 (J di i l C d ti 215 ) N



§4

DERIVATION

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

§4. Restrictions on officers and employees of PatentOffice 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

Act July 8, 1870,en, 230, § 16. 16Stat. 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 exam-

iner, before entering upon their duties, shall sev-

erally 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 Account-

ing 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

Act July 8, 1870,ch. 230, § 6, 16Stat. 199.

SIMILAR PROVISIONS

Related provisions were contained in act Feb. 18, 1922,ch. 58, § 2, 42 Stat. 389.

§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 is-

suing of patents directed by law; and he shall have

charge of all books, records, papers, models, ma-

chines, and other things belonging to the Patent

Office. He may, subject to the approval of the Sec-

retary of Commerce, from time to time establish

l i i i i h l f h

35.-PATENTS

examiners, assistant examiners, first class clerks, coP:laborers, asstst.ant messengers. and messenger boys

may deem necessary: Provided, however, That thenumber of additional employees shall not eXceed

principal examiners, two first assistant examiners, t,

and assistant examiners, six t hlr'd assistant examinet'fourth assistant examiners, four Jirst-class cler'~.copytsts, six laborers, six assistant messengers, ~l1messenger boys; that the annual expenses for th' ..

tlonallorce shall not exceed I.hesum of stxi v-two t:eight huudred and eighty dollars .

§7. Examiners in chief; bard 0' appe••

The exami ners i chie shall pcpetent legal xnowl dge :? , d SCl IUfic

Comm.ssionc of 1 .tent. the 'st arnissior.er, tl: assls. tnt c nmis lllen

amine" in lief; raIl C isttu apeals, vhose luty sha be, \ WI '

A the appe.mt, ' rev \v a detihe va dity the .dver dec ons"pan ~ .plica ems r pa !1ts d fotatent, and n in rferr 3e c es .: nail 1 . ' hea ; by lea thr. mer

bJard c app-s Is, th men ~rs t 'ringto 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. 187J. ch. 210, § 10 16 Stu1199.

DESIGNATION OF TEi,rpORAR. EXAI'

Act Aug. 7, 1946, ell. 775, 60 :ltat. 8"

"That notWithstanding the r 'ovtsio

the Revised Statutes [section';' of tht titlemissioner 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 shall be fUlly qUalifts'

members of the board of appeals constituted by482 of the Revised Statutes [this section] : PrOllid

no such examiner shall so serve for more than ntrin any calendar year but thereafter they shal ·ha'

thority to act and sign decisions and papers necesscomplete action on cases heard during such nin



TITLE 35.-PATENTS §l6

, Q#\cll"andmar rel1U1reof such persons, agents, or~RW!3YS, .before being recognized as representa-ttYe.!lJI(applicants or other persons, that they shall

S h o W ' tllat they are of good moral character and ing o o d repute, are possessed of the necessary qualifl-g~tf6nsto enable them to render to applicants orother perspns valuable service, and are likewisecompetent··to advise and assist applicants or otherpersonsin the presentation or prosecution of theirapplicationsor other business before the Office. TheOommissioner of Patents may, after notice andopportunityfor a hearing, suspend or exclude, eithergenerally or, in any particular case, from furtherpractice before his office any person, agent, or at-

torney shown. to be incompetent or disreputable, orguiltyof gross misconduct, or who refuses to complywitht,hesaidrules and regulations, or who shall,With intent to defraud in any manner, deceive,mislead, or threaten any applicant or prospectiveapplicant, or other person having immediate orprospectivebusiness before the office, by word, cir-cular, letter, or by advertising. The reasons forahY such suspension or exclusion shall be dUly re-borded."The action of the commissioner may bereViewedupon the petition of the person so re-

fllsed.recognttton or so SUSpendedor excluded by thed.lstrlctcourt of the United states for the DistrictQ t . Gol1p:n.biaunder such conditions and upon suchproceedingsas the said court may by its rules de-termine.. (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

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

CRoss REFERENCES

Jk U led of Practice before Patent Office are set o u t 1 n

AppendiX to this title.

§ l1a.Same; unauthorized representation. as practi-· n . f' tienerj penalty.

~~:shallbe. unlawful for any person who has' notb d l i d i b f h U i d

bly. and clearly written, to be printed a.t the costof 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 causeto be printed, copies of the claims of current issues.and copies of such laws, decisions, regulations, andcirculars as may be necessary for the informationef the public. (R. S. § 489.>

DERIVATION

Acts JUly 8, 1870, ch. 230, §20, 16 Stat. 200~ \TU ne 20,1874, ch, 328, 18 stat. 105. .

CRoss REFERENCES

Publications authorized to be printed by Commissionerof 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 oommts-stoner of Patents to persons applying therefor uponpayment of the rates for uncertified copies, and 25cents additional for each certification. Nothing in

sections 487-491 of Title 5 shall be so construed asto 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

Section, act JUly 5, 1946, ch. 541,. title III, § 301, 60Stat. 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 10cents pel'copy for design patents and certificates of trade-mark

registration, WaB consolidated With section 78 of thistitle.

§15. Exchange of printed copies of.l?atentswith Can.~~



35 uses §32 PATENTS

or who shall, by word, circular, letter, or advertising, with intent to defraud inany manner, deceive, mislead, or threaten any applicant or prospective appli-cant, or other person having immediate or prospective business before the Of-

fice. 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 of-ficer or employee of the United States Patent and Trademark Office to conductthe hearing required by this section. The United States District Court for theDistrict of Columbia, under such conditions and upon such proceedings as itby its rules determines, may review the action of the Commissioner upon thepetition 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, 88Stat. 1949; Nov. 29, 1999, P. L. 106-113, Div B, § l000(a)(9), 113 Stat. 1536.)

HISTORY; ANCILLARY LAWS AND DIRECTIVESPrior law and revision:Based on 35 U.S.c., 1946 ed., § 11 in part (R. S. §487; Feb. 18, 1922, ch58, §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. 106-113, 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

§ 32. Suspension or exclusion from practice LIBRARY REFERENCES



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 exclusionshall 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 orexcluded.

(July 19, 1952, c. 950, 66 Stat. 795; Jan. 2, 1975, Pub.L. 93-596, § 1, 88Stat. 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

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 "Commis-

sioner" and inserted "Director" through-out the section.

Pub.L. 106-113 [§ 4719] added: "The

Director shall have the discretion to des-ignate any attorney who is an officer or

employee of the United States Patent and

62

Trademark Office to conduct the hearingrequired by this section."

Pub.L. 106-113 [§ 4715(c)] struck out"31" and inserted "2(b)(2)(D)".

1975 Amendments. Pub.L. 93-596 sub-

stituted "Patent and Trademark Office"for "Patent Office".

Effective and Applicability Provisions1999 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 lawthis Act as an Appendix], see Pub.L.

106-113 [§ 4731], set out as a note undersection 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 un-der section 1111 of Title 15, Commerceand Trade.

Administrative LawRole 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 e->38.Patents e->97.Key Number System Topic Nos. 45, 291.

Corpus Juris SecundumAttorney 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 TreatisesBusiness and Commercial Litigation in Federal Courts § 65.15.

Patents, 26 Fed. Proc. LEd § 60:32.Trademarks, 32 Fed. Proc. L Ed § 74:22.

WESTLA W ELECTRONIC RESEARCH

See WESTLAW guide following the Explanation pages of this volume.

Notes of Decisions

U.S.P.Q.2d 1558, rehearing denied, re-hearing in banc declined, certiorari de-

nied 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 grossnegligence if failure to reveal prior art topatent examiner is a result of a bona fide,good-faith judgment as to the relevancyof 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.

Admissibility of evidence 7

Advertising 4Failure to disclose prior art 3

Hearings 6Law governingMisconduct 2Review 8Suspension 5

1. Law governingThere is a limited field of law in which

powers of Patent and Trademark Office(PTO), pursuant to statutes which autho-rize it to regulate the conduct of patentpractitioners appearing before it, and todiscipline them for related misconduct,preempt state law, as statutes give PTOexclusive authority to establish qualifica-

tions for admitting persons to practicebefore it, and to suspend or exclude themfrom practicing before it. Kroll v. Fin-nerty, C.A.Fed. (N.Y.) 2001, 242 F.3d

1359,58 U.S.P.Q.2d 1097.

2. MisconductMisconduct which includes submitting

certificates of mailing to "backdate" doc-uments filed with the United States Pat-ent and Trademark Office warrants two-year suspension from practice before Pat-ent and Trademark Office and probationfor another five years. Klein v. Peterson,C.A.Fed. (DisLCol.) 1989, 866 F.2d 412,9

63

4. AdvertisingCourt had no right to substitute its view

for that of Commissioner as to whetherthose practicing before Patent Office[now Patent and Trademark Office]should be permitted to advertise for busi-ness. Evans V. Watson, C.A.D.C.1959,

269 F.2d 775, 106 U.S.App.D.C. 108, 122U.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. SuspensionSuspension of attorney by Commission-

er of Patents and Trademarks for morethan one year for neglect and misconductin handling two patent applications isneither arbitrary, capricious, abuse of discretion, nor otherwise not in accor-

Sj.l. Suspension or exclusion from practice

Th Di f i d i f h i

~ ... ;

Administrative Law



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 orexcluded.

(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.)

HISTORICAL AND STATUTORY NOTES

Revision Notes and Legislative Reports1952 Acts. Based on Title 35, U.S.C.,

1946 ed., § II (R.S. 487 [derived fromAct July 8, 1870, c. 230, § 17, 16 Stat.

200] amended Feb. 18, 1922, c. 58, § 3,42 Stat. 390).

See note under § 31.

1975Acts. Senate Report No. 93-1399,see 1974 U.S. Code Congo and Adm.News, p. 7113.

1999 Acts. Statement by President, see1999 U.S. Code Congoand Adm. News, p.290.

Amendments

1999 Amendments. Pub.L. 106-113

[§ 4732(a)(IO)(A)]struck out "Commis-sioner" and inserted "Director" through-out the section.

Pub.L. 106-113 [§ 4719] added: "The

Director shall have the discretion to des-ignate any attorney who is an officer or

employee of the United States Patent and

62

Trademark Office to conduct the hearingrequired by this section."

Pub.L. 106-113 [§ 4715(c)] struck out

"31" and inserted "2(b)(2)(D)".

1975 Amendments. Pub.L. 93-596 sub-stituted "Patent and Trademark Office"for "Patent Office".

Effective and Applicability Provisions1999 Acts. Amendment by Pub.L.

106-113 [§§ 4715(c), 4719,

4732(a)(l0)(A), effective 4 months afterthe 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 lawthis Act as an Appendix], see Pub.L.106-113 [§ 4731], set out as a note undersection 1 of this title.

1975 Acts. Amendment by Pub.L.

93-596 effective Jan. 2, 1975, see section4 of Pub.L.93-596, set out as a note un-

der section III 1 of Title IS, Commerceand Trade.

Role of patent counsel in patent matters-patent attorney and patent agentdistinguished, 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 SecundumAttorney and Client, see C.J.S. §§ 59,66 to 69, 75 to 78,81 to 82.85 to 87.

Patents, see C.J.S. §§ 135to 178.

EncyclopediasPatents, 60 Am. Jur. 2d §§ 49, 53, 55.

Texts and TreatisesBusiness 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 WESTLAWguide following the Explanation pages of this volume.

Admissibility of evidence 7

Advertising 4Failure to disclose prior art 3

Hearings 6Law governingMisconduct 2Review 8Suspension 5

Notes of Decisions

U.S.P.Q.2d 1558, rehearing denied, re-hearing in bane declined, certiorari de-nied 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 grossnegligence if failure to reveal prior art topatent examiner is a result of a bona fide,good-faith judgment as to the relevancyof 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.

1. Law governingThere is a limited field of law in which

powers of Patent and Trademark Office(PTO).pursuant to statutes which autho-rize it to regulate the conduct of patent ,practitioners appearing before it, and to 4. Advertismgdiscipline them for related misconduct, Court had no right to substitute its viewpreempt state law, as statutes give PTO for that of Commissioner as to whetherexclusive authority to establish qualifica- those practicing before Patent Officetions for admitting persons to practice [now Patent and Trademark Office]

before it, and to suspend or exclude them should be permitted to advertise for busi-from practicing before it. Kroll v. Fin- ness. Evans v. Watson, C.A.D.C.1959,nerty, C.A.Fed. (N.Y.) 2001, 242 F.3d 269 F.2d 775, 106 U.S.App.D.C. 108, 1221359,58 U.S.P.Q.2d 1097. U.S.P.O. 187, certiorari denied 80 S.Ct.

2 Mi d

213, 361 U.S. 900, 4 L.Ed.2d 157, 123

. scon uct U.S.P.O.590.Misconduct which includes submitting

certificates of mailing to "backdate" doc- 5. Suspensionuments filed with the United States Pat- Suspension of attorney by Commission-ent and Trademark Office warrants two- er of Patents and Trademarks for moreyear suspension from practice before Pat- than one year for neglect and misconductent and Trademark Office and probation in handling two patent applications isfor another five years. Klein v. Peterson, neither arbitrary, capricious, abuse of C.A.Fed.(Dist.Col.) 1989, 866 F.2d 412,9 discretion, nor otherwise not in aceor-

63