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H.R. 9199 (93rd): An Act to amend title 35, United States Code, “Patents”, and for other purposes.


The text of the bill below is as of Jan 2, 1975 (Passed Congress).


1956                               PUBLIC LAW 93-601-JAN. 2, 1975                   [88 STAT.

                   Public Law 93-601
 January 2, 1975                                    AN A C T
   TH R 91991
   LJ—:      i—     To amend title 35, United States Code, "Patents", and for other purposes.
                       Be it enacted hy the Senate and House of Representatives of the
  Patents.          United States of America in Congress assemhled^ That section 3, title
                    35, of the United States Code is amended to read as follows :
  35 u s e 3.       " § 3 . Officers and employees
                       " ( a ) There shall be in the Patent Office a Commissioner of Patents,
                   a Deputy Commissioner, two Assistant Commissioners, and not more
                   than fifteen examiners-in-chief. The Deputy Commissioner, or, in the
                   event of a vacancy in that office, the Assistant Commissioner senior
                   in date of appointment shall fill the office of Commissioner during a
                   vacancy in that office until the Commissioner is appointed and takes
                   office. The Commissioner of Patents, the Deputy Commissioner, and
                   the Assistant Commissioners shall be appointed by the President, by
                   and with the advice and consent of the Senate. The Secretary of Com-
                   merce, upon the nomination of the Commissioner, in accordance with
                   law, shall appoint all other officers and employees.
                       "(b) The Secretary of Commerce may vest in himself the functions
                   of the Patent Office and its officers and employees specified in this title
                   and may from time to time authorize their performance by any other
                   officer or employee.
                       "(c) The Secretary of Commerce is authorized to fix the per annum
                   rate of basic compensation of each examiner-in-chief in the Patent
                   Office at not in excess of the maximum scheduled rate provided for
                   positions in grade 17 of the General Schedule of the Classification
^^s^usc 5332       ^ c t of 1949, as amended."
"Voard of Ap-          SEC. 2. Tfic first paragraph of section 7 of title 35 of the United
p^ais.             States Code is amended to read as follows:
                       "The examiners-in-chief shall be persons of competent legal knowl-
                   edge and scientific ability, who shall be appointed under the classified
                   civil service. The Commissioner, the deputy commissioner, the assist-
                   ant commissioners, and the examiners-in-chief shall constitute a Board
  Review.          ^f Appcals, which on written appeal of the applicant, shall review
                   adverse decisions of examiners upon applications for patents. Each
                   appeal shall be heard by at least three members of the Board of
                   Appeals, the members hearing such appeal to be designated by the
                   Commissioner. The Board of Appeals has sole power to grant
                   rehearings."
^D^eiayed pay-         ^^^^ ^ rj.j^^ j^g^ scutence of scctiou 151 of title 35 of the United
                   States Code is amended to read as follows: "If any payment required
                   by this section is not timely made, but is submitted with the fee for
                   delayed payment and the delay in payment is shown to have been
                   unavoidable, it may be accepted by the Commissioner as though no
                   abandonment or lapse had ever occurred.".
  Issue fees, late     gj,^^ ^ (^^i) The Commissioncr of Patents may, in accordance with
^^ITvsc 151        Section 3 of this Act, accept late payment of issue fees, the payment
note.              of which was governed by the provisions of Public Law 89-93:
  35 u s e 41      Provided: the term of the patent for which late payment of such an
                   issue fee is accepted shall expire earlier than the time specified in
                   Section 154 of Title 35, United States Code, by a period equal to the
                   delay between the time the application became abandoned or the
                   patent lapsed for failure to pay the issue fee and the time the late
                   payment is accepted after enactment of this Act; Further        Provided:
                   no patent with respect to which the payment of the issue fee was gov-
                   erned by the provisions of PT^ 89-83 and for which a late payment
                   of the issue fee is accepted under the authority created by Section 3

88 STAT. ] PUBUC LAW 93-602-JAN. 2, 1975 1957 of this Act, shall abridge or affect the right of any person or his suc- cessors in business who made, purchased or used anything covered by the patent, after the date of the application became abandoned or patent lapsed for failure to pay the issue fee but prior to the grant or restoration of the patent, to continue the use of or to sell to others to be used or sold, the specific thing so made, purchased, or used. A court before which such matter is in question may provide for the continued manufacture, use or sale of the thing made, purchased or used as specified, or for the manufacture, use or sale of which sub- stantial preparation was made after the date the application became abandoned or patent lapsed for failure to pay the fee but prior to the grant or restoration of the patent, and it may also provide for the continued practice of any process covered by the patent, practiced, or for the practice of which substantial preparation was made, after the date the application became abandoned or patent lapsed for failure to pay the issue fee but prior to the grant or restoration of the patent, to the extent and under such terms as the court deems equitable for the protection of investments made or business commenced before the grant or restoration of the patent. (b) This Act shall be effective upon enactment. Examiners-in-chief ^l%''scl note' in office on the date of enactment shalh continue in office under and in accordance with their then existing appointments. Approved January 2, 1975. Public Law 93-602 AN A C T j _ ^ ^ ^ 2. 1975 To designate the Veterans" Administration hospital in Columbia, Missouri, [ H . R . 10212] as the " H a r r y S. T r u m a n Memorial Veterans' H o s p i t a l " ; to amend title 38, United States Code, to increase the rates of vocational rehabilitation, educa- tional assistance, and special training allowances paid to certain eligible veterans and persons; and for other purposes. Be it enacted by the Senate and House of RefreHentaticeH of the United States of America in Congress assembled^ veterans. Hospital desig- nation; education TITLP: I—DESIGNATING T H E VETERANS' ADMINISTRA- and rehabilitation TION H O S P I T A L A T COLUMBIA, M I S S O U R I , AS T H E "^^^^'"""• " H A R R Y S. T R U M A N M E M O R I A L V E T E R A N S ' H O S P I - TAL" SEC. 101. The Veterans' Administration hospital at Columbia, Mis- ^^"y s- Truman souri, shall hereafter be known and designated as the "Harry S. anT°nospiilu' Truman Memorial Veterans' Hospital". Any reference to such hospital in any law, regulation, document, record, or other paper of the United States shall be deemed a reference to it as the Harry S. Truman Memorial Veterans' Hospital. SP:C. 102. The Administrator of Veterans' Affairs is authorized to provide such memorial at the above-named hospital as he may deem suitable to preserve the remembrance of the late Harry S. Truman. 38-194 O - 76 - 41 Pt. 2