To amend title 35, United States Code, to establish the Patent and Trademark Office as a Government corporation, and for other purposes.
TABLE OF CONTENTS:
Title I: Patent and Trademark Office
Title II: Effective Date; Technical Amendments
Patent and Trademark Office Corporation Act of 1995 - Title I: Patent and Trademark Office - Reestablishes the Patent and Trademark Office as a wholly owned Government corporation.
Requires the Office to maintain an office in the District of Columbia metropolitan area. Authorizes the Office to retain and use all of its revenues and receipts in carrying out its functions.
(Sec. 103) Vests management of the Office in the Commissioner of Patents and Trademarks who shall be appointed by the President for a six-year term. Directs the Commissioner to designate a Deputy Commissioner for Patents, a Deputy Commissioner for Trademarks, and an Inspector General.
Exempts the Office from any administratively or statutorily imposed limitation on positions or personnel. Provides that Office employees shall be subject to provisions governing Federal employees, with specified exceptions including provisions governing performance appraisal and General Schedule pay rates.
(Sec. 104) Requires the Office to have a Management Advisory Board to review and report annually to the President and specified congressional committees on the Office's policies, goals, performance, budget, and user fees and to advise the Commissioner.
(Sec. 105) Repeals provisions subjecting the Commissioner's performance to the direction or approval of the Secretary of Commerce.
(Sec. 106) Revises the composition of the Trademark Trial and Appeal Board to include the Commissioner, the Deputy Commissioner for Patents, the Deputy Commissioner for Trademarks, and appointed members.
(Sec. 107) Sets forth provisions regarding: (1) revised membership of the Board of Patent Appeals and Interferences; (2) suits by, and against, the Office; (3) annual report disclosure of the purposes for which receipts were spent; (4) the Commissioner's discretion to designate officers or employees of the Office to conduct hearings relating to suspension or exclusion from practice of certain individuals; (5) receipts, expenditures, and borrowing authority of the Office; (6) annual audit requirements; and (7) the transfer to the Office of Department of Commerce functions, powers, duties, funds (including residual and unappropriated balances within the Office's Surcharge Fund), and property related to the authority and functions which are vested in the Office by this Act.
Title II: Effective Date; Technical Amendments - Makes this Act effective six months after its enactment.
(Sec. 202) Makes technical and conforming amendments.
Placed on the Union Calendar, Calendar No. 423.
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1060)
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Courts and Intellectual Property.
Executive Comment Requested from Commerce, Justice, LOC Contractor.
Subcommittee Hearings Held.
Subcommittee Hearings Held.
For Further Action See H.R.3460.
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