H.R. 1659 (104th): Patent and Trademark Office Corporation Act of 1995

Introduced:
May 17, 1995 (104th Congress, 1995–1996)
Sponsor:
Rep. Carlos Moorhead [R-CA27]
Status:
Died (Referred to Committee)

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was introduced on May 17, 1995, in a previous session of Congress, but was not enacted.

Progress
Introduced May 17, 1995
Cosponsors
1 cosponsors (1D) (show)
Committees

House Judiciary

The committee chair determines whether a bill will move past the committee stage.

Full Title

To amend title 35, United States Code, to establish the Patent and Trademark Office as a Government corporation, and for other purposes.

Summary

No summaries available.

Text

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Last updated May 17, 1995.
38 pages

Primary Source

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

5/17/1995--Introduced.
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.
Section 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.
Section 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.
Section 105 -
Repeals provisions subjecting the Commissioner's performance to the direction or approval of the Secretary of Commerce.
Section 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.
Section 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.
Section 202 -
Makes technical and conforming amendments.

House Republican Conference Summary

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No summary available.

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The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Statutes at Large

The United States Statutes at Large is the compilation of all laws enacted by Congress.

  • 27 Stat. 395

Other Citations

  • 35 U.S.C. Chapter 1