2002 U.S. Code
Title 35 - PATENTS
PART I - UNITED STATES PATENT AND TRADEMARK OFFICE
CHAPTER 1 - ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS
Sec. 6 - Board of Patent Appeals and Interferences
View Metadata| Publication Title | United States Code, 2000 Edition, Supplement 2, Title 35 - PATENTS |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 35 - PATENTS PART I - UNITED STATES PATENT AND TRADEMARK OFFICE CHAPTER 1 - ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS Sec. 6 - Board of Patent Appeals and Interferences |
| Contains | section 6 |
| Date | 2002 |
| Laws in Effect as of Date | January 6, 2003 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | 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. |
| Statutes at Large References | 66 Stat. 793 85 Stat. 364 88 Stat. 1949 89 Stat. 690 96 Stat. 320 105 Stat. 1641 113 Stat. 1536 116 Stat. 1902 |
| Public Law References | Public Law 92-132, Public Law 94-131, Public Law 97-247, Public Law 102-204, Public Law 106-113, Public Law 107-273 |
§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 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 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.
(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.)
Prior ProvisionsA 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.
Amendments2002—Subsec. (a). Pub. L. 107–273, which directed amendment of subsec. (a) by inserting “the Deputy Commissioner,” after “Commissioner,”, could not be executed because “Commissioner,” did not appear in subsec. (a).
Effective DateSection 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.
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