35 U.S.C. § 13 — Annual report to Congress

Page 20 TITLE 35—PATENTS § 13 2002—Pub. L. 107–273, § 13206(b)(3)(B), amended direc- tory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4804(c)]. See 1999 Amendment note below. Pub. L. 107–273, § 13206(b)(1)(B), made technical correc- tion to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below. Pub. L. 107–273, § 13205(2)(C), made technical correc- tion to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(3)]. See 1999 Amendment note below. 1999—Pub. L. 106–113, § 1000(a)(9) [title IV, § 4804(c)], as amended by Pub. L. 107–273, § 13206(b)(3)(B), which di- rected amendment of section 12 of this title by sub- stituting ‘‘copies of specifications and drawings of pat- ents in printed or electronic form’’ for ‘‘printed copies of specifications and drawings of patents’’, was exe- cuted to this section, which was section 13 of this title, to reflect the probable intent of Congress. This section was subsequently renumbered section 12 of this title by Pub. L. 106–113, § 1000(a)(9) [title IV, § 4717(1)]. See note above and Effective Date of 1999 Amendment note below. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273, § 13206(b)(1)(B), sub- stituted ‘‘Director’’ for ‘‘Commissioner’’. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4717(1)], renum- bered section 13 of this title as this section. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(3)], as amended by Pub. L. 107–273, § 13205(2)(C), inserted ‘‘and applications’’ after ‘‘patents’’ in section catchline and ‘‘and published applications for patents’’ after ‘‘pat- ents’’ in text. 1982—Pub. L. 97–247 substituted ‘‘section 41(d)’’ for ‘‘section 41(a)9’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 112–29 effective upon the expi- ration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title. EFFECTIVE DATE OF 1999 AMENDMENT Amendment by section 1000(a)(9) [title IV, § 4507(3)] of Pub. L. 106–113 effective Nov. 29, 2000, and applicable only to applications (including international applica- tions designating the United States) filed on or after that date, see section 1000(a)(9) [title IV, § 4508] of Pub. L. 106–113, as amended, set out as a note under section 10 of this title. Amendment by section 1000(a)(9) [title IV, §§ 4717(1), 4732(a)(10)(A)] of 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. EFFECTIVE DATE OF 1982 AMENDMENT Amendment 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. § 13. Annual report to Congress The Director shall report to the Congress, not later than 180 days after the end of each fiscal year, the moneys received and expended by the Office, the purposes for which the moneys were spent, the quality and quantity of the work of the Office, the nature of training provided to ex- aminers, the evaluation of the Commissioner of Patents and the Commissioner of Trademarks by the Secretary of Commerce, the compensa- tion of the Commissioners, and other informa- tion relating to the Office. (July 19, 1952, ch. 950, 66 Stat. 794, § 14; renum- bered § 13 and amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4717(1), 4718], Nov. 29, 1999, 113 Stat. 1536, 1501A–580, 1501A–581.) HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., § 20 (R.S. 494). Language is changed. The lists referred to in the cor- responding section of existing statute, and which are omitted from the revised section, are the indexes pro- vided for in section 11(a)4. The month of reporting is omitted. The report contemplated by R.S. 494 has been discontinued since 1925 under authority of 44 U.S.C., 1946 ed., § 212. Editorial Notes PRIOR PROVISIONS A prior section 13 was renumbered section 12 of this title. AMENDMENTS 1999—Pub. L. 106–113 renumbered section 14 of this title as this section and amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘The Commissioner shall report to Congress an- nually the moneys received and expended, statistics concerning the work of the Office, and other informa- tion relating to the Office as may be useful to the Con- gress or the public.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment 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. REPORT TO CONGRESS Pub. L. 100–703, title I, § 103(c), Nov. 19, 1988, 102 Stat. 4674, provided that: ‘‘The Secretary of Commerce shall, on the day on which the President submits the annual budget to the Congress, provide to the Committees on the Judiciary of the Senate and the House of Rep- resentatives— ‘‘(1) a list of patent and trademark fee collections by the Patent and Trademark Office during the pre- ceding fiscal year; ‘‘(2) a list of activities of the Patent and Trademark Office during the preceding fiscal year which were supported by patent fee expenditures, trademark fee expenditures, and appropriations; ‘‘(3) budget plans for significant programs, projects, and activities of the Office, including out-year fund- ing estimates; ‘‘(4) any proposed disposition of surplus fees by the Office; and ‘‘(5) such other information as the committees con- sider necessary.’’ Similar provisions were contained in the following prior authorization act: Pub. L. 99–607, § 3(c), Nov. 6, 1986, 100 Stat. 3471. COMPUTERIZED DATA AND RETRIEVAL SYSTEM; REPORT TO CONGRESS Pub. L. 96–517, § 9, Dec. 12, 1980, 94 Stat. 3028, directed the Commissioner of Patents and Trademarks to report to Congress, within two years after Dec. 12, 1980, a plan to identify, and if necessary develop or have developed, computerized data and retrieval systems equivalent to the latest state of the art which could be applied to all aspects of the operation of the Patent and Trademark Office, and particularly to the patent search file, the patent classification system, and the trademark search file. The report was to specify the cost of implementing the plan, and how rapidly the plan could be imple- mented by the Patent and Trademark Office, without regard to the availability of future funding. Page 21 TITLE 35—PATENTS § 22 [§ 14. Renumbered § 13] CHAPTER 2—PROCEEDINGS IN THE PATENT AND TRADEMARK OFFICE Sec. 21. Filing date and day for taking action. 22. Printing of papers filed. 23. Testimony in Patent and Trademark Office cases. 24. Subpoenas, witnesses. 25. Declaration in lieu of oath. 26. Effect of defective execution. 27. Revival of applications; reinstatement of re- examination proceedings. 28. Award of certificates to accelerate certain matters at the Patent and Trademark Of- fice. Editorial Notes AMENDMENTS 2022—Pub. L. 117–245, § 2(c), Dec. 20, 2022, 136 Stat. 2344, added item 28. 2012—Pub. L. 112–211, title II, § 201(b)(2), Dec. 18, 2012, 126 Stat. 1534, added item 27. 2002—Pub. L. 107–273, div. C, title III, § 13206(a)(5), Nov. 2, 2002, 116 Stat. 1904, substituted ‘‘Filing date and day for taking action’’ for ‘‘Day for taking action falling on Saturday, Sunday, or holiday’’ in item 21. 1975—Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949, sub- stituted ‘‘Patent and Trademark Office’’ for ‘‘Patent Office’’ in chapter heading and in item 23. 1964—Pub. L. 88–292, § 2, Mar. 26, 1964, 78 Stat. 171, added items 25 and 26. § 21. Filing date and day for taking action (a) The Director may by rule prescribe that any paper or fee required to be filed in the Pat- ent and Trademark Office will be considered filed in the Office on the date on which it was deposited with the United States Postal Service or would have been deposited with the United States Postal Service but for postal service interruptions or emergencies designated by the Director. (b) When the day, or the last day, for taking any action or paying any fee in the United States Patent and Trademark Office falls on Saturday, Sunday, or a Federal holiday within the District of Columbia, the action may be taken, or the fee paid, on the next succeeding secular or business day. (July 19, 1952, ch. 950, 66 Stat. 794; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 97–247, § 12, Aug. 27, 1982, 96 Stat. 321; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.) HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., § 21 (Mar. 2, 1927, ch. 273, § 14, 44 Stat. 1337). ‘‘Fixed by statute’’ is omitted from the corresponding section of the existing statute as unnecessary. Satur- day is added as a day on which action need not be taken. Editorial Notes AMENDMENTS 2002—Subsec. (a). Pub. L. 107–273 made technical cor- rection to directory language of Pub. L. 106–113. See 1999 Amendment note below. 1999—Subsec. (a). Pub. L. 106–113, as amended by Pub. L. 107–273, substituted ‘‘Director’’ for ‘‘Commissioner’’ in two places. 1982—Pub. L. 97–247 substituted ‘‘Filing date and day for taking action’’ for ‘‘Day for taking action falling on Saturday, Sunday, or holiday’’ as section catchline, added subsec. (a), redesignated existing provisions as subsec. (b) and inserted ‘‘Federal’’ after ‘‘Sunday, or a’’. 1975—Pub. L. 93–596 substituted ‘‘Patent and Trade- mark Office’’ for ‘‘Patent Office’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment 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. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–247 effective six months after Aug. 27, 1982, see section 17(c) of Pub. L. 97–247, set out as an Effective Date note under section 294 of this title. EFFECTIVE DATE OF 1975 AMENDMENT 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. EMERGENCY RELIEF FROM POSTAL SITUATION AFFECTING PATENT CASES Relief as to filing date of patent application or patent and excusal of delayed fees or actions affected by postal situation beginning on Mar. 18, 1970, and ending on or about Mar. 30, 1970, see note set out under section 111 of this title. § 22. Printing of papers filed The Director may require papers filed in the Patent and Trademark Office to be printed, typewritten, or on an electronic medium. (July 19, 1952, ch. 950, 66 Stat. 795; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4732(a)(10)(A), 4804(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582, 1501A–589; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.) HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., § 12 (R.S. 488). Language is changed and ‘‘or typewritten’’ is added after ‘‘printed’’. Editorial Notes AMENDMENTS 2002—Pub. L. 107–273 made technical correction to di- rectory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below. 1999—Pub. L. 106–113, § 1000(a)(9) [title IV, § 4804(a)], substituted ‘‘printed, typewritten, or on an electronic medium’’ for ‘‘printed or typewritten’’. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273, substituted ‘‘Director’’ for ‘‘Commissioner’’. 1975—Pub. L. 93–596 substituted ‘‘Patent and Trade- mark Office’’ for ‘‘Patent Office’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment by section 1000(a)(9) [title IV, § 4732(a)(10)(A)] of Pub. L. 106–113 effective 4 months