Page:United States Statutes at Large Volume 88 Part 2.djvu/640

 1956

PUBLIC LAW 93-601-JAN. 2, 1975

[88 STAT.

Public Law 93-601 January 2, 1975 TH R 91991

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AN ACT

To amend title 35, United States Code, "Patents", and for other purposes.

Be it enacted by the Senate and House of Representatives of the Patents. United States of America in Congress assembled, That section 3, title 35, of the United States Code is amended to read as follows: 35 USC 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 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 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 ApSEC. 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 knowledge and scientific ability, who shall be appointed under the classified civil service. The Commissioner, the deputy commissioner, the assistant 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 section 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 USC 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 governed 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

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