35 U.S.C. § 1 — Establishment

Page 2 TITLE 35—PATENTS § 1 erwise provided. It shall apply to unexpired patents granted prior to such date except as otherwise pro- vided. ‘‘(b) Section 102(d) of Title 35, as enacted by section 1 hereof, shall not apply to existing patents and pend- ing applications, but the law previously in effect, namely the first paragraph of R. S. 4887 [first paragraph of section 32 of former Title 35], shall apply to such pat- ents and applications. ‘‘(c) Section 119, second paragraph, of Title 35 as en- acted by section 1 hereof shall not apply to existing patents. ‘‘(d) The period of one year specified in section 102(b) of Title 35 as enacted by section 1 hereof shall not apply in the case of applications filed before August 5, 1940, and patents granted on such applications, and with respect to such applications and patents, said pe- riod is two years instead of one year. ‘‘(e) Nothing contained in Title 35, as enacted by sec- tion 1 hereof, shall operate to nullify any judicial find- ing prior to the effective date of this Act on the valid- ity of any patent by a court of competent jurisdiction. ‘‘(f) Nothing in Title 35, as enacted by section 1 here- of, shall affect any provision of the Atomic Energy Act of 1946 (Aug. 1, 1946, ch. 724, 60 Stat. 755) [§ 2011 et seq. of Title 42, The Public Health and Welfare]. ‘‘(g) The period of one year specified in section 4 of Title 35 as enacted by section 1 hereof shall not apply in the case of applications filed before the effective date of this Act. ‘‘(h) The repeal of sections 1–9, 11, 12 of the Act of Congress approved February 1, 1952 (ch. 4, 66 Stat. 3) [sections 151 to 159 of former Title 35], shall not affect any rights or liabilities existing on the date of approval of this Act [July 19, 1952]. An order of secrecy issued under or in effect under the repealed Act and in effect on the date of approval of this Act, shall be considered as issued under this Act, and any claims arising under the repealed Act or subject to presentation and deter- mination pursuant thereto and unsettled as of the ef- fective date of this Act, may be presented and deter- mined pursuant to the provisions of this Act [this title].’’ REPEALS Section 5 of act July 19, 1952, ch. 950, 66 Stat. 815, re- pealed the sections or parts of sections of the Revised Statutes or Statutes at Large codified in this Act with the proviso that ‘‘Any rights or liabilities now existing under such sections or parts thereof shall not be af- fected by this repeal.’’ PART I—UNITED STATES PATENT AND TRADEMARK OFFICE Chap. Sec. 1. Establishment, Officers and Em- ployees, Functions ........................... 1 2. Proceedings in the Patent and Trademark Office ............................ 21 3. Practice Before Patent and Trade- mark Office ....................................... 31 4. Patent Fees; Funding; Search Sys- tems ..................................................... 41 Editorial Notes AMENDMENTS 2002—Pub. L. 107–273, div. C, title III, § 13206(a)(4), Nov. 2, 2002, 116 Stat. 1904, substituted ‘‘Before’’ for ‘‘before’’ in chapter 3 heading. 1999—Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(2), (3)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582, substituted ‘‘UNITED STATES PATENT AND TRADE- MARK OFFICE’’ for ‘‘PATENT AND TRADEMARK OF- FICE’’ in part heading and ‘‘Establishment, Officers and Employees, Functions’’ for ‘‘Establishment, Offi- cers, Functions’’ in chapter 1 heading. 1991—Pub. L. 102–204, § 5(d)(2)(D), Dec. 10, 1991, 105 Stat. 1640, substituted ‘‘before’’ for ‘‘Before the’’ in chapter 3 heading and inserted ‘‘; Funding; Search Sys- tems’’ after ‘‘Fees’’ in chapter 4 heading. 1975—Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949, sub- stituted ‘‘PATENT AND TRADEMARK OFFICE’’ for ‘‘PATENT OFFICE’’ in part heading and in headings for chapters 2 and 3. CHAPTER 1—ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS Sec. 1. Establishment. 2. Powers and duties. 3. Officers and employees. 4. Restrictions on officers and employees as to interest in patents. 5. Patent and Trademark Office Public Advisory Committees. 6. Patent Trial and Appeal Board. 7. Library. 8. Classification of patents. 9. Certified copies of records. 10. Publications. 11. Exchange of copies of patents and applica- tions with foreign countries. 12. Copies of patents and applications for public libraries. 13. Annual report to Congress. [14. Renumbered 13.] Editorial Notes AMENDMENTS 2011—Pub. L. 112–29, § 7(a)(2), Sept. 16, 2011, 125 Stat. 313, amended item 6 generally, substituting ‘‘Patent Trial and Appeal Board’’ for ‘‘Board of Patent Appeals and Interferences’’. 2002—Pub. L. 107–273, div. C, title III, § 13205(2)(D), Nov. 2, 2002, 116 Stat. 1903, made technical correction to directory language of Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4507(4)], Nov. 29, 1999, 113 Stat. 1536, 1501A–566. See 1999 Amendment note below. 1999—Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(4)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582, amended analysis generally, substituting ‘‘OFFICERS AND EMPLOYEES’’ for ‘‘OFFICERS’’ in chapter head- ing, substituting ‘‘Powers and duties’’ for ‘‘Seal’’ in item 2, adding item 5, renumbering items 7 to 14 as 6 to 13, respectively, striking out former item 6, ‘‘Duties of Commissioner’’, and inserting ‘‘and applications’’ after ‘‘patents’’ in items 11 and 12. Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4507(4), 4508], Nov. 29, 1999, 113 Stat. 1536, 1501A–566, as amended by Pub. L. 107–273, div. C, title III, § 13205(2)(D), Nov. 2, 2002, 116 Stat. 1903, which directed the insertion of ‘‘and applications’’ after ‘‘patents’’ in items 11 and 12, effec- tive 1 year after Nov. 29, 1999, was not executed in ei- ther item to reflect the probable intent of Congress. See above. 1984—Pub. L. 98–622, title II, § 201(b), Nov. 8, 1984, 98 Stat. 3386, substituted ‘‘Patent Appeals and Inter- ferences’’ for ‘‘Appeals’’ in item 7. 1972—Pub. L. 92–310, title II, § 208(b), June 6, 1972, 86 Stat. 203, struck out item 5 ‘‘Bond of Commissioner and other officers’’. § 1. Establishment (a) ESTABLISHMENT.—The United States Pat- ent and Trademark Office is established as an agency of the United States, within the Depart- ment of Commerce. In carrying out its func- tions, the United States Patent and Trademark Office shall be subject to the policy direction of the Secretary of Commerce, but otherwise shall retain responsibility for decisions regarding the management and administration of its oper- Page 3 TITLE 35—PATENTS § 1 ations and shall exercise independent control of its budget allocations and expenditures, per- sonnel decisions and processes, procurements, and other administrative and management func- tions in accordance with this title and applica- ble provisions of law. Those operations designed to grant and issue patents and those operations which are designed to facilitate the registration of trademarks shall be treated as separate oper- ating units within the Office. (b) OFFICES.—The United States Patent and Trademark Office shall maintain its principal office in the metropolitan Washington, D.C., area, for the service of process and papers and for the purpose of carrying out its functions. The United States Patent and Trademark Office shall be deemed, for purposes of venue in civil actions, to be a resident of the district in which its principal office is located, except where ju- risdiction is otherwise provided by law. The United States Patent and Trademark Office may establish satellite offices in such other places in the United States as it considers necessary and 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’’. (July 19, 1952, ch. 950, 66 Stat. 792; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4711], Nov. 29, 1999, 113 Stat. 1536, 1501A–572.) HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., § 1 (R.S. 475 and Ex- ecutive Order 4175, Mar. 17, 1925). The word ‘‘all’’ is omitted from the corresponding section of the existing statute and ‘‘except as otherwise provided by law’’ added, since some old records are kept in the National Archives, see 44 U.S.C., 1946 ed., ch. 8A. The word ‘‘models’’ has been omitted to remove em- phasis on models since they are no longer generally re- quired. They are included by the word ‘‘things.’’ The phrase ‘‘and to trade-mark registrations’’ is added. There is no enactment corresponding to this sec- tion in the trade-mark law. The original chapter of the Revised Statutes containing this section deals with the Patent Office as such in its administration of trade- marks as well as patents. This is explicitly brought out in some of the corresponding sections of the present chapter. Changes in language are made. Editorial Notes AMENDMENTS 1999—Pub. L. 106–113 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: ‘‘The Patent and Trademark Office shall continue as an office in the De- partment of Commerce, where records, books, draw- ings, specifications, and other papers and things per- taining to patents and to trademark registrations shall be kept and preserved, except as otherwise provided by law.’’ 1975—Pub. L. 93–596 substituted ‘‘Patent and Trade- mark Office’’ for ‘‘Patent Office’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 93–596, § 3, Jan. 2, 1975, 88 Stat. 1949, provided that: ‘‘The terms ‘Patent Office’ and ‘Commissioner of Patents’ in all laws of the United States shall mean ‘Patent and Trademark Office’ and ‘Commissioner of Patents and Trademarks’, respectively.’’ EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 112–29, § 35, Sept. 16, 2011, 125 Stat. 341, pro- vided that: ‘‘Except as otherwise provided in this Act [see Short Title of 2011 Amendment note below], the provisions of this Act shall take effect upon the expira- tion of the 1-year period beginning on the date of the enactment of this Act [Sept. 16, 2011] and shall apply to any patent issued on or after that effective date.’’ EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, subtitle G, § 4731], Nov. 29, 1999, 113 Stat. 1536, 1501A–581, provided that: ‘‘This subtitle [see Tables for classification] and the amendments made by this subtitle shall take effect 4 months after the date of the enactment of this Act [Nov. 29, 1999].’’ 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. SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–328, div. W, § 101, Dec. 29, 2022, 136 Stat. 5518, provided that: ‘‘This division [amending sections 41 and 123 of this title, enacting provisions set out as notes under this section and sections 2 and 131 of this title, and amending provisions set out as notes under this section and section 41 of this title] may be cited as the ‘Unleashing American Innovators Act of 2022’.’’ Pub. L. 117–245, § 1, Dec. 20, 2022, 136 Stat. 2343, pro- vided that: ‘‘This Act [enacting section 28 of this title and provisions set out as a note under section 28 of this title] may be cited as the ‘Patents for Humanity Act of 2022’.’’ SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–273, § 1, Oct. 31, 2018, 132 Stat. 4158, pro- vided that: ‘‘This Act [amending provisions set out as a note under section 41 of this title] may be cited as the ‘Study of Underrepresented Classes Chasing Engineer- ing and Science Success Act of 2018’ or the ‘SUCCESS Act’.’’ SHORT TITLE OF 2012 AMENDMENT Pub. L. 112–211, § 1, Dec. 18, 2012, 126 Stat. 1527, pro- vided that: ‘‘This Act [enacting part V and sections 27 and 151 of this title, amending sections 41, 100, 102, 111, 115, 119, 120, 122, 133, 154, 171, 173, 261, 361, 364 to 366, and 371 of this title, repealing section 151 of this title, and enacting provisions set out as notes under sections 27 and 100 of this title] may be cited as the ‘Patent Law Treaties Implementation Act of 2012’.’’ SHORT TITLE OF 2011 AMENDMENT Pub. L. 112–29, § 1(a), Sept. 16, 2011, 125 Stat. 284, pro- vided that: ‘‘This Act [enacting chapter 32 and sections 123, 257, 298, 299, and 319 of this title and section 1454 of Title 28, Judiciary and Judicial Procedure, amending sections 2, 3, 6, 12, 32, 41, 42, 100, 102 to 104, 111, 112, 115, 116, 118 to 123, 132, 134, 135, 141, 143, 145, 146, 154, 156, 157, 162, 172, 182 to 186, 202, 207, 209, 210, 251, 253, 256, 257, 267, 273, 282, 284, 287, 288, 291 to 294, 301 to 307, 311 to 318, 328, 363, 365, 368, and 371 to 375 of this title, section 1071 of Title 15, Commerce and Trade, sections 1295 and 1338 of Title 28, section 2182 of Title 42, The Public Health and Welfare, and section 20135 of Title 51, National and Commercial Space Programs, repealing sections 155 and 155A of this title, enacting provisions set out as notes under this section, sections 2, 6, 32, 41, 42, 100 to 102, 111, 119, 122, 156, 202, 257, 273, 287, 292, 301, 303, 306, 311, 312, and 321 of this title, section 1071 of Title 15, and section 1295 of Title 28, and amending provisions set out as a note under section 41 of this title] may be cited as the ‘Leahy-Smith America Invents Act’.’’ SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–453, § 1, Dec. 10, 2004, 118 Stat. 3596, pro- vided that: ‘‘This Act [amending section 103 of this title Page 4 TITLE 35—PATENTS § 1 and enacting provisions set out as a note under section 103 of this title] may be cited as the ‘Cooperative Re- search and Technology Enhancement (CREATE) Act of 2004’.’’ SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–273, div. C, title III, § 13201, Nov. 2, 2002, 116 Stat. 1901, provided that: ‘‘This subtitle [subtitle B (§§ 13201–13211) of title III of div. C of Pub. L. 107–273, see Tables for classification] may be cited as the ‘Intellec- tual Property and High Technology Technical Amend- ments Act of 2002’.’’ SHORT TITLE OF 1999 AMENDMENT Pub. L. 106–113, div. B, § 1000(a)(9) [§ 1(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–521, provided that: ‘‘This Act [S. 1948, as enacted by section 1000(a)(9) of Pub. L. 106–113, see Tables for classification] may be cited as the ‘Intel- lectual Property and Communications Omnibus Reform Act of 1999’.’’ Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4001], Nov. 29, 1999, 113 Stat. 1536, 1501A–552, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘American Inventors Protection Act of 1999’.’’ Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, subtitle A, § 4101], Nov. 29, 1999, 113 Stat. 1536, 1501A–552, provided that: ‘‘This subtitle [enacting section 297 of this title and provisions set out as a note under section 297 of this title] may be cited as the ‘Inventors’ Rights Act of 1999’.’’ Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, subtitle B, § 4201], Nov. 29, 1999, 113 Stat. 1536, 1501A–554, provided that: ‘‘This subtitle [amending sections 41 and 42 of this title and enacting provisions set out as notes under sec- tion 41 of this title and section 1113 of Title 15, Com- merce and Trade] may be cited as the ‘Patent and Trademark Fee Fairness Act of 1999’.’’ Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, subtitle C, § 4301], Nov. 29, 1999, 113 Stat. 1536, 1501A–555, provided that: ‘‘This subtitle [enacting section 273 of this title and provisions set out as a note under section 273 of this title] may be cited as the ‘First Inventor Defense Act of 1999’.’’ Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, subtitle D, § 4401], Nov. 29, 1999, 113 Stat. 1536, 1501A–557, provided that: ‘‘This subtitle [amending sections 132, 154, 156, and 282 of this title and section 1295 of Title 28, Judici- ary and Judicial Procedure, and enacting provisions set out as notes under sections 132 and 154 of this title] may be cited as the ‘Patent Term Guarantee Act of 1999’.’’ Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, subtitle E, § 4501], Nov. 29, 1999, 113 Stat. 1536, 1501A–561, provided that: ‘‘This subtitle [amending sections 11 to 13, 102, 119, 120, 122, 135, 154, 181, 252, 284, and 374 of this title and enacting provisions set out as notes under sections 11, 41, and 122 of this title] may be cited as the ‘Domes- tic Publication of Foreign Filed Patent Applications Act of 1999’.’’ Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, subtitle F, § 4601], Nov. 29, 1999, 113 Stat. 1536, 1501A–567, provided that: ‘‘This subtitle [enacting chapter 31 of this title, amending sections 41, 100, 134, 141, 143, and 145 of this title, and enacting provisions set out as notes under sections 41, 311, and 315 of this title] may be cited as the ‘Optional Inter Partes Reexamination Procedure Act of 1999’.’’ Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, subtitle G, § 4701], Nov. 29, 1999, 113 Stat. 1536, 1501A–572, provided that: ‘‘This subtitle [see Tables for classification] may be cited as the ‘Patent and Trademark Office Efficiency Act’.’’ SHORT TITLE OF 1998 AMENDMENTS Pub. L. 105–358, § 1, Nov. 10, 1998, 112 Stat. 3272, pro- vided that: ‘‘This Act [amending sections 41 and 42 of this title and enacting provisions set out as a note under section 41 of this title] may be cited as the ‘United States Patent and Trademark Office Reauthor- ization Act, Fiscal Year 1999’.’’ Pub. L. 105–289, § 1, Oct. 27, 1998, 112 Stat. 2780, pro- vided that: ‘‘This Act [amending section 163 of this title and enacting provisions set out as notes under sections 41 and 163 of this title] may be cited as the ‘Plant Pat- ent Amendments Act of 1998’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–418, § 9001, Aug. 23, 1988, 102 Stat. 1563, pro- vided that: ‘‘This subtitle [subtitle A (§§ 9001–9007) of title IX of Pub. L. 100–418, enacting section 295 of this title, amending sections 154, 271, and 287 of this title, and enacting provisions set out as notes under section 271 of this title] may be cited as the ‘Process Patent Amendments Act of 1988’.’’ Pub. L. 100–418, title IX, § 9101(a), Aug. 23, 1988, 102 Stat. 1567, provided that: ‘‘This section [amending sec- tions 184 to 186 of this title and enacting provisions set out as notes under section 184 of this title] may be cited as the ‘Patent Law Foreign Filing Amendments Act of 1988’.’’ SHORT TITLE OF 1984 AMENDMENT Pub. L. 98–622, § 1, Nov. 8, 1984, 98 Stat. 3383, provided that: ‘‘This Act [enacting section 157 of this title, amending sections 3, 7, 41, 103, 104, 116, 120, 134, 135, 141, 145, 146, 271, 305, 351, 361, 362, 365 to 368, 371 to 373, and 376 of this title, section 1295 of Title 28, Judiciary and Judicial Procedure, and sections 2182 and 2457 of Title 42, The Public Health and Welfare, and enacting provi- sions set out as notes under sections 7, 41, 103, 157, and 351 of this title] may be cited as the ‘Patent Law Amendments Act of 1984’.’’ TRANSFER OF FUNCTIONS AND ASSETS OF PATENT AND TRADEMARK OFFICE Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, subtitle G, chapter 3], Nov. 29, 1999, 113 Stat. 1536, 1501A–585, pro- vided that: ‘‘SEC. 4741. REFERENCES. ‘‘(a) IN GENERAL.—Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a de- partment or office from which a function is transferred by this subtitle [see Tables for classification]— ‘‘(1) to the head of such department or office is deemed to refer to the head of the department or of- fice to which such function is transferred; or ‘‘(2) to such department or office is deemed to refer to the department or office to which such function is transferred. ‘‘(b) SPECIFIC REFERENCES.—Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or per- taining to the Patent and Trademark Office— ‘‘(1) to the Commissioner of Patents and Trade- marks is deemed to refer to the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office; ‘‘(2) to the Assistant Commissioner for Patents is deemed to refer to the Commissioner for Patents; or ‘‘(3) to the Assistant Commissioner for Trademarks is deemed to refer to the Commissioner for Trade- marks. ‘‘SEC. 4742. EXERCISE OF AUTHORITIES. ‘‘Except as otherwise provided by law, a Federal offi- cial to whom a function is transferred by this subtitle may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this subtitle. ‘‘SEC. 4743. SAVINGS PROVISIONS. ‘‘(a) LEGAL DOCUMENTS.—All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges— ‘‘(1) that have been issued, made, granted, or al- lowed to become effective by the President, the Sec- Page 5 TITLE 35—PATENTS § 1 retary of Commerce, any officer or employee of any office transferred by this subtitle, or any other Gov- ernment official, or by a court of competent jurisdic- tion, in the performance of any function that is transferred by this subtitle; and ‘‘(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or re- voked in accordance with law by the President, any other authorized official, a court of competent juris- diction, or operation of law. ‘‘(b) PROCEEDINGS.—This subtitle shall not affect any proceedings or any application for any benefits, serv- ice, license, permit, certificate, or financial assistance pending on the effective date of this subtitle [see Effec- tive Date of 1999 Amendment note above] before an of- fice transferred by this subtitle, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this subtitle had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or re- voked by a duly authorized official, by a court of com- petent jurisdiction, or by operation of law. Nothing in this subsection shall be considered to prohibit the dis- continuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discon- tinued or modified if this subtitle had not been enacted. ‘‘(c) SUITS.—This subtitle shall not affect suits com- menced before the effective date of this subtitle, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this subtitle had not been enacted. ‘‘(d) NONABATEMENT OF ACTIONS.—No suit, action, or other proceeding commenced by or against the Depart- ment of Commerce or the Secretary of Commerce, or by or against any individual in the official capacity of such individual as an officer or employee of an office transferred by this subtitle, shall abate by reason of the enactment of this subtitle. ‘‘(e) CONTINUANCE OF SUITS.—If any Government offi- cer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this subtitle such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as ap- plicable, substituted or added as a party. ‘‘(f) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE- VIEW.—Except as otherwise provided by this subtitle, any statutory requirements relating to notice, hear- ings, action upon the record, or administrative or judi- cial review that apply to any function transferred by this subtitle shall apply to the exercise of such func- tion by the head of the Federal agency, and other offi- cers of the agency, to which such function is trans- ferred by this subtitle. ‘‘SEC. 4744. TRANSFER OF ASSETS. ‘‘Except as otherwise provided in this subtitle, so much of the personnel, property, records, and unex- pended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function trans- ferred to an official or agency by this subtitle shall be available to the official or the head of that agency, re- spectively, at such time or times as the Director of the Office of Management and Budget directs for use in connection with the functions transferred. ‘‘SEC. 4745. DELEGATION AND ASSIGNMENT. ‘‘Except as otherwise expressly prohibited by law or otherwise provided in this subtitle, an official to whom functions are transferred under this subtitle (including the head of any office to which functions are trans- ferred under this subtitle) may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may des- ignate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this section or under any other provision of this subtitle shall relieve the official to whom a function is transferred under this subtitle of responsibility for the administration of the function. ‘‘SEC. 4746. AUTHORITY OF DIRECTOR OF THE OF- FICE OF MANAGEMENT AND BUDGET WITH RE- SPECT TO FUNCTIONS TRANSFERRED. ‘‘(a) DETERMINATIONS.—If necessary, the Director of the Office of Management and Budget shall make any determination of the functions that are transferred under this subtitle. ‘‘(b) INCIDENTAL TRANSFERS.—The Director of the Of- fice of Management and Budget, at such time or times as the Director shall provide, may make such deter- minations as may be necessary with regard to the func- tions transferred by this subtitle, and to make such ad- ditional incidental dispositions of personnel, assets, li- abilities, grants, contracts, property, records, and un- expended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this subtitle. The Director shall provide for the termination of the affairs of all entities termi- nated by this subtitle and for such further measures and dispositions as may be necessary to effectuate the purposes of this subtitle. ‘‘SEC. 4747. CERTAIN VESTING OF FUNCTIONS CON- SIDERED TRANSFERS. ‘‘For purposes of this subtitle, the vesting of a func- tion in a department or office pursuant to reestablish- ment of an office shall be considered to be the transfer of the function. ‘‘SEC. 4748. AVAILABILITY OF EXISTING FUNDS. ‘‘Existing appropriations and funds available for the performance of functions, programs, and activities ter- minated pursuant to this subtitle shall remain avail- able, for the duration of their period of availability, for necessary expenses in connection with the termination and resolution of such functions, programs, and activi- ties, subject to the submission of a plan to the Commit- tees on Appropriations of the House and Senate in ac- cordance with the procedures set forth in section 605 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999, as contained in Public Law 105–277 [112 Stat. 2681–111]. ‘‘SEC. 4749. DEFINITIONS. ‘‘For purposes of this subtitle— ‘‘(1) the term ‘function’ includes any duty, obliga- tion, power, authority, responsibility, right, privi- lege, activity, or program; and ‘‘(2) the term ‘office’ includes any office, adminis- tration, agency, bureau, institute, council, unit, or- ganizational entity, or component thereof.’’ SOUTHEAST REGIONAL OFFICE Pub. L. 117–328, div. W, § 103(b), Dec. 29, 2022, 136 Stat. 5519, provided that: ‘‘(1) IN GENERAL.—Not later than 3 years after the date of enactment of this Act [Dec. 29, 2022], the Direc- tor shall establish a satellite office of the Office in the southeast region of the United States. ‘‘(2) CONSIDERATIONS.—When selecting a site for the office required under paragraph (1), the Director shall consider the following: ‘‘(A) The number of patent-intensive industries lo- cated near the site. ‘‘(B) How many research-intensive institutions, in- cluding institutions of higher education, are located near the site. ‘‘(C) The State and local government legal and busi- ness frameworks that support intellectual property- intensive industries located near the site.’’ [For definitions of terms used in section 103(b) of div. W of Pub. L. 117–328, set out above, see section 102 of Page 6 TITLE 35—PATENTS § 1 div. W of Pub. L. 117–328, set out as a Definitions note below.] COMMUNITY OUTREACH OFFICES Pub. L. 117–328, div. W, § 104, Dec. 29, 2022, 136 Stat. 5519, provided that: ‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—Subject to paragraphs (2) and (3), not later than 5 years after the date of enactment of this Act [Dec. 29, 2022], the Director shall establish not fewer than 4 community outreach offices throughout the United States. ‘‘(2) RESTRICTION.—No community outreach office established under paragraph (1) may be located in the same State as— ‘‘(A) the principal office of the Office; or ‘‘(B) any satellite office of the Office. ‘‘(3) REQUIREMENT FOR NORTHERN NEW ENGLAND RE- GION.— ‘‘(A) IN GENERAL.—The Director shall establish not less than 1 community outreach office under this subsection in the northern New England re- gion, which shall serve the States of Vermont, New Hampshire, and Maine. ‘‘(B) CONSIDERATIONS.—In determining the loca- tion for the office required to be established under subparagraph (A), the Director shall give preference to a location in which— ‘‘(i) as of the date of enactment of this Act— ‘‘(I) there is located not less than 1 public in- stitution of higher education and not less than 1 private institution of higher education; and ‘‘(II) there are located not more than 15 reg- istered patent attorneys, according to data from the Office of Enrollment and Discipline of the Office; and ‘‘(ii) according to data from the 2012 Survey of Business Owners conducted by the Bureau of the Census, less than 45 percent of the firms (as that term is defined for the purposes of that Survey) are owned by women, minorities, or veterans. ‘‘(b) PURPOSES.—The purposes of the community out- reach offices established under subsection (a) are to— ‘‘(1) further achieve the purposes described in sec- tion 23(b)(1) of the Leahy-Smith America Invents Act (35 U.S.C. 1 note), as amended by this division; ‘‘(2) partner with local community organizations, institutions of higher education, research institu- tions, and businesses to create community-based pro- grams that— ‘‘(A) provide education regarding the patent sys- tem; and ‘‘(B) promote the career benefits of innovation and entrepreneurship; and ‘‘(3) educate prospective inventors, including indi- vidual inventors, small businesses, veterans, low-in- come populations, students, rural populations, and any geographic group of innovators that the Director may determine to be underrepresented in patent fil- ings, about all public and private resources available to potential patent applicants, including the patent pro bono programs.’’ [For definitions of terms used in section 104 of div. W of Pub. L. 117–328, set out above, see section 102 of div. W of Pub. L. 117–328, set out as a Definitions note below.] SATELLITE OFFICES Pub. L. 112–29, § 23, Sept. 16, 2011, 125 Stat. 336, as amended by Pub. L. 117–328, div. W, § 103(a), Dec. 29, 2022, 136 Stat. 5518, provided that: ‘‘(a) ESTABLISHMENT.—Subject to available resources, the Director [Under Secretary of Commerce for Intel- lectual Property and Director of the United States Pat- ent and Trademark Office] shall, by not later than the date that is 3 years after the date of the enactment of this Act [Sept. 16, 2011], establish 3 or more satellite of- fices in the United States to carry out the responsibil- ities of the [United States Patent and Trademark] Of- fice. ‘‘(b) PURPOSES.—The purposes of the satellite offices established under subsection (a) are to— ‘‘(1) better connect patent filers and innovators with the Office, including by increasing outreach ac- tivities, including to individual inventors, small busi- nesses, veterans, low-income populations, students, rural populations, and any geographic group of innovators that the Director may determine to be underrepresented in patent filings; ‘‘(2) enhance patent examiner and administrative patent judge retention, including patent examiners and administrative patent judges from economically, geographically, and demographically diverse back- grounds; ‘‘(3) improve recruitment of patent examiners; ‘‘(4) decrease the number of patent applications waiting for examination; and ‘‘(5) improve the quality of patent examination. ‘‘(c) REQUIRED CONSIDERATIONS.— ‘‘(1) IN GENERAL.—In selecting the location of each satellite office to be established under subsection (a), the Director— ‘‘(A) shall ensure geographic diversity among the offices, including by ensuring that such offices are established in different States and regions through- out the Nation; ‘‘(B) may rely upon any previous evaluations by the Office of potential locales for satellite offices, including any evaluations prepared as part of the Office’s Nationwide Workforce Program that re- sulted in the 2010 selection of Detroit, Michigan, as the first satellite office of the Office; ‘‘(C) shall evaluate and consider the extent to which the purposes of satellite offices listed under subsection (b) will be achieved; ‘‘(D) shall consider the availability of scientific and technically knowledgeable personnel in the re- gion from which to draw new patent examiners at minimal recruitment cost; ‘‘(E) shall consider the economic impact to the region; and ‘‘(F) with respect to each office established after January 1, 2023, shall consider the proximity of the office to anchor institutions (such as hospitals pri- marily serving veterans and institutions of higher education), individual inventors, small businesses, veterans, low-income populations, students, rural populations, and any geographic group of innovators that the Director may determine to be underrepresented in patent filings. ‘‘(2) OPEN SELECTION PROCESS.—Nothing in para- graph (1) shall constrain the Office to only consider its evaluations in selecting the Detroit, Michigan, satellite office. ‘‘(d) REPORT TO CONGRESS.—Not later than the end of the third fiscal year that begins after the date of the enactment of this Act [Sept. 16, 2011], the Director shall submit a report to Congress on— ‘‘(1) the rationale of the Director in selecting the location of any satellite office required under sub- section (a), including an explanation of how the se- lected location will achieve the purposes of satellite offices listed under subsection (b) and how the re- quired considerations listed under subsection (c) were met; ‘‘(2) the progress of the Director in establishing all such satellite offices; and ‘‘(3) whether the operation of existing satellite of- fices is achieving the purposes under subsection (b).’’ DESIGNATION OF DETROIT SATELLITE OFFICE Pub. L. 112–29, § 24, Sept. 16, 2011, 125 Stat. 337, pro- vided that: ‘‘(a) DESIGNATION.—The satellite office of the United States Patent and Trademark Office to be located in Detroit, Michigan, shall be known and designated as the ‘Elijah J. McCoy United States Patent and Trade- mark Office’. ‘‘(b) REFERENCES.—Any reference in a law, map, regu- lation, document, paper, or other record of the United Page 7 TITLE 35—PATENTS § 2 States to the satellite office of the United States Pat- ent and Trademark Office to be located in Detroit, Michigan, referred to in subsection (a) shall be deemed to be a reference to the ‘Elijah J. McCoy United States Patent and Trademark Office’.’’ FEDERAL AGENCY STATUS FOR PATENT AND TRADEMARK OFFICE Pub. L. 101–508, title X, § 10102, Nov. 5, 1990, 104 Stat. 1388–392, provided that: ‘‘For the purposes of Federal law, the Patent and Trademark Office shall be consid- ered a Federal agency. In particular, the Patent and Trademark Office shall be subject to all Federal laws pertaining to the procurement of goods and services that would apply to a Federal agency using appro- priated funds, including the Federal Property and Ad- ministrative Services Act of 1949 [now chapters 1 to 11 of Title 40, Public Buildings, Property, and Works, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Con- tracts] and the Office of Federal Procurement Policy Act [now division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of Title 41].’’ DEFINITIONS Pub. L. 117–328, div. W, § 102, Dec. 29, 2022, 136 Stat. 5518, provided that: ‘‘In this division [see Short Title of 2022 Amendment note above]: ‘‘(1) DIRECTOR.—The term ‘Director’ means the Under Secretary of Commerce for Intellectual Prop- erty and Director of the Office. ‘‘(2) OFFICE.—The term ‘Office’ means the United States Patent and Trademark Office. ‘‘(3) PATENT PRO BONO PROGRAMS.—The term ‘patent pro bono programs’ means the programs established pursuant to section 32 of the Leahy-Smith America Invents Act (35 U.S.C. 2 note). ‘‘(4) SOUTHEAST REGION OF THE UNITED STATES.—The term ‘southeast region of the United States’ means the area of the United States that is comprised of the States of Virginia, North Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mississippi, Louisiana, and Arkansas.’’ Pub. L. 112–29, § 2, Sept. 16, 2011, 125 Stat. 284, provided that: ‘‘In this Act [see Short Title of 2011 Amendment note above]: ‘‘(1) DIRECTOR.—The term ‘Director’ means the Under Secretary of Commerce for Intellectual Prop- erty and Director of the United States Patent and Trademark Office. ‘‘(2) OFFICE.—The term ‘Office’ means the United States Patent and Trademark Office. ‘‘(3) PATENT PUBLIC ADVISORY COMMITTEE.—The term ‘Patent Public Advisory Committee’ means the Pat- ent Public Advisory Committee established under section 5(a) of title 35, United States Code. ‘‘(4) TRADEMARK ACT OF 1946.—The term ‘Trademark Act of 1946’ means the Act entitled ‘An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of cer- tain international conventions, and for other pur- poses’, approved July 5, 1946 (15 U.S.C. 1051 et seq.) (commonly referred to as the ‘Trademark Act of 1946’ or the ‘Lanham Act’). ‘‘(5) TRADEMARK PUBLIC ADVISORY COMMITTEE.—The term ‘Trademark Public Advisory Committee’ means the Trademark Public Advisory Committee estab- lished under section 5(a) of title 35, United States Code.’’ § 2. Powers and duties (a) IN GENERAL.—The United States Patent and Trademark Office, subject to the policy di- rection of the Secretary of Commerce— (1) shall be responsible for the granting and issuing of patents and the registration of trademarks; and (2) shall be responsible for disseminating to the public information with respect to patents and trademarks. (b) SPECIFIC POWERS.—The Office— (1) shall adopt and use a seal of the Office, which shall be judicially noticed and with which letters patent, certificates of trademark registrations, and papers issued by the Office shall be authenticated; (2) may establish regulations, not incon- sistent with law, which— (A) shall govern the conduct of pro- ceedings in the Office; (B) shall be made in accordance with sec- tion 553 of title 5; (C) shall facilitate and expedite the proc- essing of patent applications, particularly those which can be filed, stored, processed, searched, and retrieved electronically, sub- ject to the provisions of section 122 relating to the confidential status of applications; (D) may govern the recognition and con- duct of agents, attorneys, or other persons representing applicants or other parties be- fore the Office, and may require them, before being recognized as representatives of appli- cants 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 val- uable service, advice, and assistance in the presentation or prosecution of their applica- tions or other business before the Office; (E) shall recognize the public interest in continuing to safeguard broad access to the United States patent system through the re- duced fee structure for small entities under section 41(h)(1); (F) provide for the development of a per- formance-based process that includes quan- titative and qualitative measures and stand- ards for evaluating cost-effectiveness and is consistent with the principles of impar- tiality and competitiveness; and (G) may, subject to any conditions pre- scribed by the Director and at the request of the patent applicant, provide for prioritization of examination of applications for products, processes, or technologies that are important to the national economy or national competitiveness without recovering the aggregate extra cost of providing such prioritization, notwithstanding section 41 or any other provision of law; (3) may acquire, construct, purchase, lease, hold, manage, operate, improve, alter, and renovate any real, personal, or mixed prop- erty, or any interest therein, as it considers necessary to carry out its functions; (4)(A) may make such purchases, contracts for the construction, maintenance, or manage- ment and operation of facilities, and contracts for supplies or services, without regard to the provisions of subtitle I and chapter 33 of title 40, division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, and the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.); and (B) may enter into and perform such pur- chases and contracts for printing services, in- cluding the process of composition, platemaking, presswork, silk screen processes, binding, microform, and the products of such processes, as it considers necessary to carry