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OFFICE OF PUBLIC COUNSEL

S. 1321 establishes in the Patent Office an Assistant Commissioner of Patents for Appeals, Litigation, and Public Counsel. The bill specifies that the Public Counsel shall be appointed by the President with the advice and consent of the Senate. The primary purpose of the Public Counsel is to represent the public interest throughout the adversary process to insure that only high quality patents would issue from the Patent Office. To assist in accomplishing this objection, the bill provides the Public Counsel with power to intervene at any time in any Patent Office proceeding when, in his judgment, it is in the public interest. The Administration's measure also provides that the Commissioner of Patents shall appoint a special officer to aid in the examination process. However, the officer's authority would not be as broad as that provided the Public Counsel in S. 1321.

Under S. 2504, the officer could participate in proceedings before the Patent Office only upon the request of a primary examiner or the Board of Examiners-in-Chief. The officer's other duties would be to defend all appeals from decisions of examiners to the Board of Examiners-in-Chief and to investigate any improper conduct of those authorized to practice before the Patent Office.

The proponents of the proposal to establish the Office of Public Counsel argued that it would raise the quality of issued patents and would reduce the number of patents declared invalid by the Court. The opponents of the recommendations contended that it would create substantial administrative problems and would not accomplish the intended purpose of increasing the validity of issued patents. It was also contended that the proposal would add additional expenses to the applicant and would cause delays in the issuance of patents.

The Subcommittee in 1974 will continue its study of measures to provide for the general revision of the patent laws and procedures. It is anticipated that the Subcommittee will take action on patent reform legislation early in the second session of the 93rd Congress.

S. Rept. 1135

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93D CONGRESS 2d Session

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SENATE

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REPORT No. 93-1168

THE U.S.A. BUSINESS COMMUNITY: ITS
COMPOSITION AND CHANGING NATURE,
WITH SPECIAL REFERENCE TO SMALL

BUSINESS

(INCLUDING SELECTED STATISTICS ON MINORITY-OWNED FIRMS)

REPORT

OF THE

SELECT COMMITTEE ON SMALL BUSINESS

UNITED STATES SENATE

SEPTEMBER 24, 1974.-Ordered to be printed

U.S. GOVERNMENT PRINTING OFFICE

35-215 0

WASHINGTON : 1974

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