United States Intellectual Property Organization Act of 1995

TABLE OF CONTENTS:

Title I: United States Intellectual Property Organization

Subtitle A: Establishment; Powers and Duties;

Organization and Management

Subtitle B: Trademark Trial and Appeal Board; Board of

Patent Appeals and Interferences; Suits By and

Against the Organization

Subtitle C: Fees; Organization Moneys; Borrowing;

Audits

Subtitle D: Transfers; Use of Organization Name;

Transition Provisions; Technical and Conforming Amendments

Subtitle E: Separability; Effective Date; Report to the

Secretary

Title II: Under Secretary for Intellectual Property

United States Intellectual Property Organization Act of 1995 - Title I: United States Intellectual Property Organization - Subtitle A: Establishment; Powers and Duties; Organization and Management - Establishes within the Department of Commerce (Department) the United States Intellectual Property Organization (USIPO) to: (1) perform all current duties of the Department's Patent and Trademark Office with respect to the examination and granting of patent and trademark applications; and (2) carry on studies, programs, and other activities relating to domestic and international patent and trademark laws and issues. Outlines USIPO administrative powers and authority. Vests USIPO management in a Chief Executive Officer (CEO), with specified duties and responsibilities. Provides for USIPO officers and employees. Requires USIPO to make specified funding payments in order to provide appropriate Federal employee compensation and benefits for its staff. Provides that USIPO shall: (1) establish a joint labor-management committee; and (2) not be subject to any Federal full-time equivalent employee restrictions.

Subtitle B: Trademark Trial and Appeal Board; Board of Patent Appeals and Interferences; Suits By and Against the Organization - Amends the Trademark Act of 1946 (the Act) to direct the CEO, in every action concerning a trademark (interference, opposition to registration, concurrent use, or application to cancel registration), to: (1) give notice to all parties; and (2) direct a Trademark Trial and Appeal Board to determine and decide such actions.

(Sec. 106) Establishes in the USIPO a Board of Patent Appeals and Interferences to review adverse decisions of examiners with respect to patent applications and to determine priority and patentability of invention in interferences declared under the Act.

(Sec. 107) Provides administrative provisions regarding suits brought by and against USIPO.

(Sec. 108) Requires the CEO to report annually to the President and the Congress on USIPO moneys received and expended, work statistics, and management.

Subtitle C: Fees; Organization Moneys; Borrowing; Audits - Directs USIPO to: (1) recommend to the Secretary of Commerce a schedule of fees to be levied for USIPO services rendered and products provided; and (2) be guided by specified principles in developing such schedule. Exempts the United States Intellectual Property Fund from any sequestration orders under the Balanced Budget and Emergency Deficit Control Act of 1985. Provides for the appropriate payment of international fees and handling fees under the Patent Cooperation Treaty, and authorizes the charging of additional fees.

(Sec. 110) Establishes in the Treasury the Patent and Trademark Organization Fund for the deposit of all moneys paid to USIPO. Provides authority to invest and issue obligations with respect to the Fund.

(Sec. 111) Directs USIPO to reimburse the Department's Inspector General for the cost of any audits conducted for USIPO benefit.

Subtitle D: Transfers; Use of Organization Name; Transition Provisions; Technical and Conforming Amendments - Transfers to USIPO all functions, powers and duties, assets and liabilities, and invested capital of the Patent and Trademark Office (Office). Prohibits the use of the USIPO name by any other entity. Provides transition provisions with respect to the continuation of current Office contracts, employees, and labor agreements.

Subtitle E: Separability; Effective Date; Report to the Secretary - Provides for the separability of provisions of this Act. Makes this Act effective six months after its enactment.

(Sec. 118) Directs the Secretary to report to the President and the Congress on the operation and effectiveness of provisions of this Act, as well as associated costs.

Title II: Under Secretary for Intellectual Property - Establishes within the Department an Under Secretary of Commerce for Intellectual Property who shall grant patents and register trademarks, advise the Secretary on all aspects of intellectual property policy, legislation, and issues, and conduct related activities. Directs the Under Secretary to be assisted in such duties by two Deputy Under Secretaries of Commerce for Intellectual Property. Provides funding for the offices of the Under Secretary through reimbursement from USIPO.