§6. Board of Patent Appeals and Interferences

(a) Establishment and Composition.-There shall be in the United States Patent and Trademark Office a Board of Patent Appeals and Interferences. The Director, the Deputy Director, the Commissioner for Patents, the Commissioner for Trademarks, and the administrative patent judges shall constitute the Board. The administrative patent judges shall be persons of competent legal knowledge and scientific ability who are appointed by the Secretary of Commerce, in consultation with the Director.

(b) Duties.-The Board of Patent Appeals and Interferences shall, on written appeal of an applicant, review adverse decisions of examiners upon applications for patents and shall determine priority and patentability of invention in interferences declared under section 135(a). Each appeal and interference shall be heard by at least three members of the Board, who shall be designated by the Director. Only the Board of Patent Appeals and Interferences may grant rehearings.

(c) Authority of the Secretary.-The Secretary of Commerce may, in his or her discretion, deem the appointment of an administrative patent judge who, before the date of the enactment of this subsection, held office pursuant to an appointment by the Director to take effect on the date on which the Director initially appointed the administrative patent judge.

(d) Defense to Challenge of Appointment.-It shall be a defense to a challenge to the appointment of an administrative patent judge on the basis of the judge's having been originally appointed by the Director that the administrative patent judge so appointed was acting as a de facto officer.

(Added Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4717(2)], Nov. 29, 1999, 113 Stat. 1536 , 1501A-580; amended Pub. L. 107–273, div. C, title III, §13203(a)(2), Nov. 2, 2002, 116 Stat. 1902 ; Pub. L. 110–313, §1(a)(1), Aug. 12, 2008, 122 Stat. 3014 .)

References in Text

The date of the enactment of this subsection, referred to in subsec. (c), is the date of enactment of Pub. L. 110–313, which was approved Aug. 12, 2008.

Prior Provisions

A prior section 6, acts July 19, 1952, ch. 950, 66 Stat. 793 ; Pub. L. 92–132, Oct. 5, 1971, 85 Stat. 364 ; Pub. L. 93–596, §1, Jan. 2, 1975, 88 Stat. 1949 ; Pub. L. 94–131, §2, Nov. 14, 1975, 89 Stat. 690 ; Pub. L. 97–247, §§7, 13, Aug. 27, 1982, 96 Stat. 320 , 321; Pub. L. 102–204, §8, Dec. 10, 1991, 105 Stat. 1641 , related to duties of Commissioner, prior to repeal by Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §§4715(a), 4731], Nov. 29, 1999, 113 Stat. 1536 , 1501A-580, 1501A-581, effective 4 months after Nov. 29, 1999.

Amendments

2008-Subsec. (a). Pub. L. 110–313, §1(a)(1)(A), (B), substituted "Deputy Director" for "Deputy Commissioner" in second sentence and "Secretary of Commerce, in consultation with the Director" for "Director" in last sentence.

Subsecs. (c), (d). Pub. L. 110–313, §1(a)(1)(C), which directed addition of subsecs. (c) and (d) at end of subsec. (a), was executed by adding subsecs. (c) and (d) at end of section to reflect the probable intent of Congress.

2002-Subsec. (a). Pub. L. 107–273, which directed amendment of subsec. (a) by inserting "the Deputy Commissioner," after "Commissioner,", was executed by making the insertion after "The Director," to reflect the probable intent of Congress.

Effective Date

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