§6. Duties of Commissioner

(a) The Commissioner, under the direction of the Secretary of Commerce, shall superintend or perform all duties required by law respecting the granting and issuing of patents and the registration of trademarks; shall have the authority to carry on studies, programs, or exchanges of items or services regarding domestic and international patent and trademark law or the administration of the Patent and Trademark Office, including programs to recognize, identify, assess and forecast the technology of patented inventions and their utility to industry; and shall have charge of property belonging to the Patent and Trademark Office. He may, subject to the approval of the Secretary of Commerce, establish regulations, not inconsistent with law, for the conduct of proceedings in the Patent and Trademark Office.

(b) The Commissioner, under the direction of the Secretary of Commerce, may, in coordination with the Department of State, carry on programs and studies cooperatively with foreign patent offices and international intergovernmental organizations, or may authorize such programs and studies to be carried on, in connection with the performance of duties stated in subsection (a) of this section.

(c) The Commissioner, under the direction of the Secretary of Commerce, may, with the concurrence of the Secretary of State, transfer funds appropriated to the Patent and Trademark Office, 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. These special payments may be in addition to any other payments or contributions to the international organization and shall not be subject to any limitations imposed by law on the amounts of such other payments or contributions by the Government of the United States.

(July 19, 1952, ch. 950, 66 Stat. 793 ; Oct. 5, 1971, Pub. L. 92–132, 85 Stat. 364 ; Jan. 2, 1975, Pub. L. 93–596, §1, 88 Stat. 1949 ; Nov. 14, 1975, Pub. L. 94–131, §2, 89 Stat. 690 ; Aug. 27, 1982, Pub. L. 97–247, §§7, 13, 96 Stat. 320 , 321; Dec. 10, 1991, Pub. L. 102–204, §8, 105 Stat. 1641 .)

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., §6 (R.S. 481 and 483).

The two sections are combined into one with some changes in language.

"And the registration of trademarks" is added, see note under section 1.

Amendments

1991-Subsec. (a). Pub. L. 102–204 substituted ", including programs to recognize, identify, assess and forecast the technology of patented inventions and their utility to industry; and shall have" for "; and shall have".

1982-Subsec. (a). Pub. L. 97–247, §13, substituted ", programs, or exchanges of items or services" for "and programs" before "regarding domestic", and inserted "or the administration of the Patent and Trademark Office" after "trademark law".

Subsec. (d). Pub. L. 97–247, §7, struck out subsec. (d) which provided that the Commissioner, under the direction of the Secretary of Commerce, could, with the concurrence of the Secretary of State, allocate funds appropriated to the Patent Office, to the Department of State for the purpose of payment of the share on the part of the United States to the working capital fund established under the Patent Cooperation Treaty and that contributions to cover the share on the part of the United States of any operating deficits of the International Bureau under the Patent Cooperation Treaty would be included in the annual budget of the Patent Office and could be transferred by the Commissioner, under the direction of the Secretary of Commerce, to the Department of State for the purpose of making payments thereof to the International Bureau.

1975-Subsecs. (a), (c). Pub. L. 93–596 substituted "Patent and Trademark Office" for "Patent Office" wherever appearing.

Subsec. (d). Pub. L. 94–131 added subsec. (d).

1971-Subsec. (a). Pub. L. 92–132 designated existing par. as subsec. (a) and authorized the Commissioner, under direction of Secretary of Commerce, to carry on studies and programs regarding domestic and international patent and trademark laws.

Subsecs. (b), (c). Pub. L. 92–132 added subsecs. (b) and (c).

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.

Effective Date of 1975 Amendments

Amendment by Pub. L. 94–131 effective Jan. 24, 1978, and applicable on and after that date to patent applications filed in the United States and to international applications, where applicable, see section 11 of Pub. L. 94–131, set out as an Effective Date note under section 351 of this title.

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.

Use of Exchange Agreements Relating to Automatic Data Processing Resources Prohibited

Pub. L. 102–204, §6, Dec. 10, 1991, 105 Stat. 1641 , provided that: "The Commissioner of Patents and Trademarks may not, during fiscal year 1992, enter into any agreement for the exchange of items or services (as authorized under section 6(a) of title 35, United States Code) relating to automatic data processing resources (including hardware, software and related services, and machine readable data). The preceding sentence shall not apply to an agreement relating to data for automation programs which is entered into with a foreign government or with an international intergovernmental organization."

Similar provisions were contained in the following prior authorization acts:

Pub. L. 100–703, title I, §106, Nov. 19, 1988, 102 Stat. 4675 .

Pub. L. 99–607, §6, Nov. 6, 1986, 100 Stat. 3472 .