§3 Officers and Employees

Based on Title 35, U.S.C., 1946 ed., § 2 (R.S. 476, amended (1) Feb. 15, 1916, ch. 22, § 1, 39 Stat. 8, (2) Feb. 14, 1927, ch. 139, § 1, 44 Stat. 1098, (3) Apr. 11, 1930, ch. 132, § 1, 46 Stat. 155). The temporary designation of the assistant commissioner as Commissioner in case of a vacancy in office is added. This will eliminate complications since present applicable general statutes (5 U.S.C., 1946 ed., § 7) permit a vacancy to be temporarily filled only for not more than 30 days. Changes in language are made. “Assistant commissioners” is used in the second sentence (and elsewhere in the bill) as referring to all three assistants. This entire title is subject to Reorganization Plan No. 5 of 1950 (64 Stat. 1263) which vests all functions of the Patent Office in the Secretary of Commerce and authorizes delegation by him. It has been found impractical to so word the various sections of the title, and a general provision has been inserted as the second paragraph of this section of the bill, leaving the wording of various sections of the title in terms of officers previously specified and to whom the functions presently stand delegated.

The Patent and Trademark Office Efficiency Act, referred to in subsecs. (d) to (f), is Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, subtitle G (§ 4701 et seq.)], Nov. 29, 1999, 113 Stat. 1536, 1501A–572. For the

of the Act as 4 months after Nov. 29, 1999, see section 1009(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as an

of 1999 Amendment note under section 1 of this title. For complete classification of this Act to the Code, see

of 1999 Amendment note set out under section 1 of this title and Tables.

2011—Subsec. (b)(6). Pub. L. 112–29, § 21(b), added par. (6). Subsec. (e)(2). Pub. L. 112–29, § 20(i)(1), substituted “that Act,” for “this Act,” in introductory provisions. 2002—Subsec. (a)(2)(B). Pub. L. 107–273, § 13206(a)(2)(A), struck out “United States Code,” after “title 5,”. Subsec. (b)(2)(A). Pub. L. 107–273, § 13206(a)(2)(B)(i), struck out “, United States Code” after “title 5”. Subsec. (b)(2)(B). Pub. L. 107–273, § 13206(a)(2)(B)(ii)–(iv), in first sentence, struck out “United States Code,” after “section 5382 of title 5,” and “, United States Code” after “section 5304(h)(2)(C) of title 5”, in second sentence, struck out “United States Code,” after “for purposes of section 207(c)(2)(A) of title 18,” and “, United States Code” after “clause (ii) of section 207(c)(2)(A) of title 18”, and in last sentence, struck out “, United States Code” after “title 3”. Subsec. (b)(2)(C). Pub. L. 107–273, § 13206(a)(2)(B)(v), struck out “, United States Code” after “title 5”. Subsec. (c). Pub. L. 107–273, § 13206(a)(2)(C), in heading, struck out “, United States Code” before period at end, and in text, struck out “United States Code,” after “title 5,”. 1999—Pub. L. 106–113 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “(a) There shall be in the Patent and Trademark Office a Commissioner of Patents and Trademarks, a Deputy Commissioner, two Assistant Commissioners, and examiners-in-chief appointed under section 7 of this title. 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 and Trademarks, 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 Commerce, 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 and Trademark 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 and Trademark Office at not in excess of the maximum scheduled rate provided for positions in grade 17 of the General Schedule of the Classification Act of 1949, as amended. “(d) The Commissioner of Patents and Trademarks shall be an Assistant Secretary of Commerce and shall receive compensation at the rate in effect for level III of the Executive Schedule under section 5314 of title 5, United States Code. “(e) The members of the Trademark Trial and Appeal Board of the Patent and Trademark Office shall each be paid at a rate not to exceed the maximum rate of basic pay payable for GS–16 of the General Schedule under section 5332 of title 5.” Subsec. (d). Pub. L. 106–44 struck out “, United States Code” after “title 5”. 1998—Subsec. (d). Pub. L. 105–304 substituted “in effect for level III of the Executive Schedule under section 5314 of title 5, United States Code” for “prescribed by law for Assistant Secretaries of Commerce”. 1984—Subsec. (e). Pub. L. 98–622 added subsec. (e). 1982—Subsec. (a). Pub. L. 97–247 struck out “not more than fifteen” after “two Assistant Commissioners, and”, and inserted “appointed under section 7 of this title” after “examiners-in-chief”. Subsec. (d). Pub. L. 97–366 added subsec. (d). 1975—Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”, and “Commissioner of Patents and Trademarks” for “Commissioner of Patents”, wherever appearing. Subsec. (a). Pub. L. 93–601 designated first par. as subsec. (a), redesignated first assistant commissioner as a Deputy Commissioner, granted authority for appointment of not more than fifteen examiners-in-chief to Secretary of Commerce instead of the President, and struck out provision relating to performance by assistant commissioners of duties assigned by Commissioner. Subsecs. (b), (c). Pub. L. 93–601 designated second and third pars. as subsecs. (b) and (c), respectively. 1964—Pub. L. 88–426 repealed provisions which prescribed annual rate of compensation of Commissioner. 1959—Pub. L. 86–370 authorized Secretary of Commerce to fix compensation of examiners-in-chief. 1958—Pub. L. 85–933 increased number of examiners-in-chief from nine to not more than fifteen and specified annual compensation of Commissioner.

of 2011 AmendmentNotwithstanding section 35 of Pub. L. 112–29 (set out as a note under section 1 of this title), amendment by section 21 of Pub. L. 112–29 effective as of Sept. 16, 2011, see section 1(g) of Pub. L. 112–274, set out as a note under section 2 of this title. Amendment by section 20(i)(1) of Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that

, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.

of 1999 AmendmentAmendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of this title.

of 1984 Amendment Pub. L. 98–622, title IV, § 406(b), Nov. 8, 1984, 98 Stat. 3393, provided that: “The

made by section 401, 402, and 405 of this Act [amending this section and section 361, 366, 371, 372, and 376 of this title] shall take effect six months after the date of the enactment of this Act [Nov. 8, 1984].”

of 1982 AmendmentAmendment by Pub. L. 97–247 effective Aug. 27, 1982, see section 17(a) of Pub. L. 97–247, set out as a note under section 41 of this title.

of 1975 Amendment Pub. L. 93–601, § 4(b), Jan. 2, 1975, 88 Stat. 1957, provided that: “This Act [amending this section and section 7 and 151 of this title and enacting provisions set out as a note under section 151 of this title] shall be effective upon enactment [Jan. 2, 1975]. Examiners-in-chief in office on the date of enactment shall continue in office under and in accordance with their then existing appointments.” Amendment by Pub. L. 93–596 effective Jan. 2, 1975, see section 4 of Pub. L. 93–596, set out as a note under section 1111 of Title 15, Commerce and Trade.

of 1964 AmendmentAmendment by Pub. L. 88–426 effective on first day of first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88–426, see section 501 of Pub. L. 88–426.

of 1959 Amendment Pub. L. 86–370, § 7(b), Sept. 23, 1959, 73 Stat. 653, provided that: “section 1 [amending this section, section 7 of this title, and provisions set out as a note below], 3 [amending section 2205 and 2208 of former Title 5, Executive Departments and Government Officers and Employees], and 6 [amending section 1082 of former Title 5 and section 903 of Title 20, Education] of this Act shall become effective on the first day of the first pay period which begins after the date of enactment of this Act [Sept. 23, 1959].” Such section 7(b) was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 660. Existing Positions, Compensation, and Appointments Unaffected by Pub. L. 86–370 Until Action Taken Under

Pub. L. 86–370, § 1(c), Sept. 23, 1959, 73 Stat. 650, provided that: “The

made by this section [amending section 1 and 7 of this title] shall not affect—“(1) any position of examiner-in-chief or designated examiner-in-chief existing immediately prior to the

of this section [see

of 1959 Amendment note set out above], or “(2) any incumbent of any such position, his appointment thereto, his rate of compensation, or his right to receive such compensation, until appropriate action is taken under authority of such

.”