PIML 96061309 / Forwarded to Patriot Information Mailing List: [Vote NO on HR 3460.] PIML ================================================================== From: "Cravens, Roger D." Subject: Shutting Down the US Patient Office Date: Wed, 12 Jun 96 17:50:00 EST X-Ms-Attachment: HR-3460.LAW 146812 06-12-1996 17:22 Here's another wonderful law from the Colorado Communist Pat Schroeder who will soon retire. It shuts down the US Patent Office and places under private control similiar in nature to the US Post Office. But what's worst, it allows total access to US technical patents after a very, very short period of time exactly like the Japanese run their patent office. But what the hell, our Patent Office has only been in operation for 150 years, and this is the only way the Japs and other super- wealthy globalist corporations and CEO's can get their hands on our technology. While you're on the phone to your representative, tell him or her to vote NO on HR-3308, please strongly urge them to vote _NO_ on this disasterous Bill as well. If this goes through, you haven't seen job losses in country. Roger [[ HR-3460.LAW : 4371 in HR-3460.LAW ]] 104th Congress H. R. 3460 As Introduced in the House Note: This document is the unofficial version of a Bill or Resolution. The printed Bill and Resolution produced by the Government Printing Office is the only official version. VERSION As Introduced in the House CONGRESS 104th CONGRESS 2d Session BILL H. R. 3460 TITLE To establish the Patent and Trademark Office as a Government corporation, and for other purposes. -------------------- IN THE HOUSE OF REPRESENTATIVES MAY 15, 1996 Mr. Moorhead (for himself, Mrs. Schroeder, Mr. Conyers, Mr. Sensenbrenner, Mr. Coble, Mr. Goodlatte, Mr. Berman, Mr. Boucher, Mr. Gallegly, Mr. Hoke, Mr. Nadler, and Ms. Lofgren) introduced the following bill; which was referred to the Committee on the Judiciary -------------------- TEXT A BILL To establish the Patent and Trademark Office as a Government corporation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Inventor Rights Protection and Patent Reform Act of 1996`. SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. TITLE I - PATENT AND TRADEMARK OFFICE GOVERNMENT CORPORATION Sec. 101. Short title. SUBTITLE A - UNITED STATES PATENT AND TRADEMARK OFFICE Sec. 111. Establishment of Patent and Trademark Office as a Government corporation. Sec. 112. Powers and duties. Sec. 113. Organization and management. Sec. 114. Management Advisory Board. Sec. 115. Conforming amendments. Sec. 116. Trademark Trial and Appeal Board. Sec. 117. Board of Patent Appeals and Interferences. Sec. 118. Suits by and against the Office. Sec. 119. Annual report of Commissioner. Sec. 120. Suspension or exclusion from practice. Sec. 121. Funding. Sec. 122. Audits. Sec. 123. Transfers. SUBTITLE B - EFFECTIVE DATE; TECHNICAL AMENDMENTS Sec. 131. Effective date. Sec. 132. Technical and conforming amendments. SUBTITLE C - MISCELLANEOUS PROVISIONS Sec. 141. References. Sec. 142. Exercise of authorities. Sec. 143. Savings provisions. Sec. 144. Transfer of assets. Sec. 145. Delegation and assignment. Sec. 146. Authority of Director of the Office of Management and Budget with respect to functions transferred. Sec. 147. Certain vesting of functions considered transfers. Sec. 148. Availability of existing funds. Sec. 149. Definitions. TITLE II - EARLY PUBLICATION OF PATENT APPLICATIONS Sec. 201. Short title. Sec. 202. Early publication. Sec. 203. Time for claiming benefit of earlier filing date. Sec. 204. Provisional rights. Sec. 205. Prior art effect of published applications. Sec. 206. Cost recovery for publication. Sec. 207. Conforming changes. Sec. 208. Patent term extension authority. Sec. 209. Examining procedure improvements; further limited reexamination of patent applications. Sec. 210. Last day of pendency of provisional application. Sec. 211. Reporting requirement. Sec. 212. Effective date. TITLE III - PRIOR DOMESTIC COMMERCIAL USE Sec. 301. Short title. Sec. 302. Defense to patent infringement based on prior domestic commercial use. Sec. 303. Effective date and applicability. TITLE IV - INVENTOR PROTECTION Sec. 401. Short title. Sec. 402. Invention development services. Sec. 403. Technical and conforming amendment. Sec. 404. Effective date. TITLE V - PATENT REEXAMINATION REFORM Sec. 501. Short title. Sec. 502. Definitions. Sec. 503. Reexamination procedures. Sec. 504. Conforming amendments. Sec. 505. Effective date. TITLE VI - MISCELLANEOUS PATENT PROVISIONS Sec. 601. Provisional applications. Sec. 602. International applications. Sec. 603. Plant patents. TITLE I - PATENT AND TRADEMARK OFFICE GOVERNMENT CORPORATION SEC. 101. SHORT TITLE. This title may be cited as the `Patent and Trademark Office Government Corporation Act of 1996`. SUBTITLE A - UNITED STATES PATENT AND TRADEMARK OFFICE SEC. 111. ESTABLISHMENT OF PATENT AND TRADEMARK OFFICE AS A GOVERNMENT CORPORATION. Section 1 of title 35, United States Code, is amended to read as follows: Sec. 1. Establishment (a) Establishment. - The United States Patent and Trademark Office is established as a wholly owned Government corporation subject to chapter 91 of title 31, and shall be an agency of the United States under the policy guidance of the Secretary of Commerce, except as otherwise provided in this title. For purposes of internal management, the United States Patent and Trademark Office shall be a corporate body not subject to supervision by any department, except as otherwise provided in this title. (b) Offices. - The United States Patent and Trademark Office shall maintain an office in the District of Columbia, or the metropolitan area thereof, for the service of process and papers and shall be deemed, for purposes of venue in civil actions, to be a resident of the district in which its principal office is located. The United States Patent and Trademark Office may establish offices in such other places as it considers necessary or appropriate in the conduct of its business. (c) Reference. - For purposes of this title, the United States Patent and Trademark Office shall also be referred to as the `Office` and the `Patent and Trademark Office`.`. SEC. 112. POWERS AND DUTIES. Section 2 of title 35, United States Code, is amended to read as follows: Sec. 2. Powers and Duties (a) In General. - The United States Patent and Trademark Office shall be responsible for - (1) the granting and issuing of patents and the registration of trademarks; (2) conducting studies, programs, or exchanges of items or services regarding domestic and international patent and trademark law, the administration of the Office, or any other function vested in the Office by law, including programs to recognize, identify, assess, and forecast the technology of patented inventions and their utility to industry; (3)(A) authorizing or conducting studies and programs cooperatively with foreign patent and trademark offices and international organizations, in connection with the granting and issuing of patents and the registration of trademarks; and (B) with the concurrence of the Secretary of State, authorizing the transfer of not to exceed $100,000 in any year to the Department of State for the purpose of making special payments to international intergovernmental organizations for studies and programs for advancing international cooperation concerning patents, trademarks, and related matters; and (4) disseminating to the public information with respect to patents and trademarks. The special payments under paragraph (3)(B) may be in addition to any other payments or contributions to international organizations described in paragraph (3)(B) and shall not be subject to any limitations imposed by law on the amounts of such other payments or contributions by the United States Government. (b) Specific Powers. - The Office - (1) shall have perpetual succession; (2) shall adopt and use a corporate seal, which shall be judicially noticed and with which letters patent, certificates of trademark registrations, and papers issued by the Office shall be authenticated; (3) may sue and be sued in its corporate name and be represented by its own attorneys in all judicial and administrative proceedings, subject to the provisions of section 8; (4) may indemnify the Commissioner of Patents and Trademarks, and other officers, attorneys, agents, and employees (including members of the Management Advisory Board established in section 5) of the Office for liabilities and expenses incurred within the scope of their employment; (5) may adopt, amend, and repeal bylaws, rules, regulations, and determinations, which - (A) shall govern the manner in which its business will be conducted and the powers granted to it by law will be exercised; (B) shall be made after notice and opportunity for full participation by interested public and private parties; (C) shall facilitate and expedite the processing of patent applications, particularly those which can be filed, stored, processed, searched, and retrieved electronically, subject to the provisions of section 122 relating to the confidential status of applications; and (D) may govern the recognition and conduct of agents, attorneys, or other persons representing applicants or other parties before the Office, and may require them, before being recognized as representatives of applicants or other persons, to show that they are of good moral character and reputation and are possessed of the necessary qualifications to render to applicants or other persons valuable service, advice, and assistance in the presentation or prosecution of their applications or other business before the Office; (6) may acquire, construct, purchase, lease, hold, manage, operate, improve, alter, and renovate any real, personal, or mixed property, or any interest therein, as it considers necessary to carry out its functions; (7)(A) may make such purchases, contracts for the construction, maintenance, or management and operation of facilities, and contracts for supplies or services, without regard to the provisions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 and following), the Public Buildings Act (40 U.S.C. 601 and following), and the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11301 and following); and (B) may enter into and perform such purchases and contracts for printing services, including the process of composition, platemaking, presswork, silk screen processes, binding, microform, and the products of such processes, as it considers necessary to carry out the functions of the Office, without regard to sections 501 through 517 and 1101 through 1123 of title 44; (8) may use, with their consent, services, equipment, personnel, and facilities of other departments, agencies, and instrumentalities of the Federal Government, on a reimbursable basis, and cooperate with such other departments, agencies, and instrumentalities in the establishment and use of services, equipment, and facilities of the Office; (9) may obtain from the Administrator of General Services such services as the Administrator is authorized to provide to other agencies of the United States, on the same basis as those services are provided to other agencies of the United States; (10) may use, with the consent of the United States and the agency, government, or international organization concerned, the services, records, facilities, or personnel of any State or local government agency or instrumentality or foreign government or international organization to perform functions on its behalf; (11) may determine the character of and the necessity for its obligations and expenditures and the manner in which they shall be incurred, allowed, and paid, subject to the provisions of this title and the Act of July 5, 1946 (commonly referred to as the `Trademark Act of 1946`); (12) may retain and use all of its revenues and receipts, including revenues from the sale, lease, or disposal of any real, personal, or mixed property, or any interest therein, of the Office, including for research and development and capital investment, subject to the provisions of section 10101 of the Omnibus Budget Reconciliation Act of 1980 (35 U.S.C. 41 note); (13) shall have the priority of the United States with respect to the payment of debts from bankrupt, insolvent, and decedents` estates; (14) may accept monetary gifts or donations of services, or of real, personal, or mixed property, in order to carry out the functions of the Office; (15) may execute, in accordance with its bylaws, rules, and regulations, all instruments necessary and appropriate in the exercise of any of its powers; (16) may provide for liability insurance and insurance against any loss in connection with its property, other assets, or operations either by contract or by self-insurance; and (17) shall pay any settlement or judgment entered against it from the funds of the Office and not from amounts available under section 1304 of title 31.`. --------------remainder cut for lack of space--------------------- ================================================================== * Patriot Information Mailing List * http://constitution.org/piml/piml.htm * A service to help inform those who have an active interest in * returning our federal and state governments to limited, * constitutional government * Send messages for consideration and possible posting to * butterb@sagenet.net (Bill Utterback). * To subscribe or unsubscribe, send message with subject line * "subscribe patriot" or "unsubscribe patriot" * Forwarded messages sent on this mailing list are NOT verified. * See World's Smallest Political Quiz: www.self-gov.org/quiz.html * Libertarian is to LIBERTY as librarian is to library (DePena) * PIML grants permission to copy and repost this message * in its entirety with headers and trailers left intact.