§ 1421. Annual report to Congress.

The Administrator shall report annually, on or before June 30 of each year, with the first report to be made on or before June 30, 1973 to the Congress, on his administration of this subchapter, including recommendations for additional legislation if deemed necessary. (Pub. L. 92-532, title I, § 112, Oct. 23, 1972, 86 Stat. 1060.)

EFFECTIVE DATE

Section effective six months after Oct. 23, 1972, see section 110(a) of Pub. L. 92-532, set out as a note under section 1411 of this title.

SUBCHAPTER II.-RESEARCH

§ 1441. Monitoring and research program; reports to Congress.

The Secretary of Commerce, in coordination with the Secretary of the Department in which the Coast Guard is operating and with the Administrator shall, within six months of October 23, 1972, initiate a comprehensive and continuing program of monitoring and research regarding the effects of the dumping of material into ocean waters or other coastal waters where the tide ebbs and flows or into the Great Lakes or their connecting waters and shall report from time to time, not less frequently than annually, his findings (including an evaluation of the short-term ecological effects and the social and economic factors involved) to the Congress. (Pub. L. 92-532, title II, § 201, Oct. 23, 1972, 86 Stat. 1060.) § 1442. Research program respecting possible longrange effects of pollution, overfishing, and maninduced changes of ocean ecosystems.

(a) Secretary of Commerce.

The Secretary of Commerce, in consultation with other appropriate Federal departments, agencies, and instrumentalities shall, within six months of October 23, 1972, initiate a comprehensive and continuing program of research with respect to the possible long-range effects of pollution, overfishing, and man-induced changes of ocean ecosystems. In carrying out such research, the Secretary of Commerce shall take into account such factors as existing and proposed international policies affecting oceanic problems, economic considerations involved in both the protection and the use of the oceans, possible alternatives to existing programs, and ways in which the health of the oceans may best be preserved for the benefit of succeeding generations of mankind. (b) Action with other nations.

In carrying out his responsibilities under this section, the Secretary of Commerce, under the foreign policy guidance of the President and pursuant to international agreements and treaties made by the President with the advice and consent of the Senate, may act alone or in conjunction with any other na

tion or group of nations, and shall make known the results of his activities by such channels of communication as may appear appropriate.

(c) Annual report to Congress.

In January of each year, the Secretary of Commerce shall report to the Congress on the results of activities undertaken by him pursuant to this section during the previous fiscal year.

(d) Cooperation of other departments, agencies, and independent instrumentalities.

Each department, agency, and independent instrumentality of the Federal Government is authorized and directed to cooperate with the Secretary of Commerce in carrying out the purposes of this section and, to the extent permitted by law, to furnish such information as may be requested.

(e) Utilization of personnel, services, and facilities; inter-agency agreements.

The Secretary of Commerce, in carrying out his responsibilities under this section, shall, to the extent feasible utilize the personnel, services, and facilities of other Federal departments, agencies, and instrumentalities (including those of the Coast Guard for monitoring purposes), and is authorized to enter into appropriate inter-agency agreements to accomplish this action. (Pub. L. 92-532, title П, § 202, Oct. 23, 1972, 86 Stat. 1060.)

§ 1443. Cooperation with public authorities, agencies, and institutions, private agencies and institutions, and individuals.

The Secretary of Commerce shall conduct and encourage, cooperate with, and render financial and other assistance to appropriate public (whether Federal, State, interstate, or local) authorities, agencies, and institutions, private agencies and institutions, and individuals in the conduct of, and to promote the coordination of, research, investigations, experiments, training, demonstrations, surveys, and studies for the purpose of determining means of minimizing or ending all dumping of materials within five years of the effective date of this Act. (Pub. L. 92-532, title II, § 203, Oct. 23, 1972, 86 Stat. 1061.)

REFERENCES IN TEXT

The effective date of this Act, referred to in text, probably means Oct. 23, 1972, the date of enactment of Pub. L. 92-532, which enacted this chapter.

§ 1444. Authorization of appropriations.

There are authorized to be appropriated for the first fiscal year after October 23, 1972, and for the next two fiscal years thereafter such sums as may be necessary to carry out this subchapter, but the sums appropriated for any such fiscal year may not exceed $6,000,000. (Pub. L. 92-532, title II, § 204, Oct. 23, 1972, 86 Stat. 1061.)

Sec.

1. Establishment.

2. Seal.

FUNCTIONS

§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 and programs regarding domestic and international patent and trademark law; and shall have charge of property belonging to the Patent 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 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 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 Page 905

payments or contributions by the Government of the United States. (As amended Oct. 5, 1971, Pub. L. 92-132, 85 Stat. 364.)

1972 Subsec. (d). Pub. L. 92-358 added reference to inventions that were the subject of an inventors' certificate.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 3(b) of Pub. L. 92-358 provided that: "Section 2 of this Act [which amended this section] shall take effect six months from the date when Articles 1-12 of the Paris Convention of March 20, 1883, for the Protection of Industrial Property, as revised at Stockholm, July 14, 1967, come into force with respect to the United States and shall apply to applications thereafter filed in the United States."

EMERGENCY RELIEF FROM POSTAL SITUATION AFFECTING PATENT CASES

Relief as to filing date of patent application or patent affected by postal situation beginning on Mar. 18, 1970, and ending on or about Mar. 30, 1970, but patents issued with earlier filing dates not effective as prior art under subsec. (e) of this section of such earlier filing dates, see note set out under section 111 of this title.

Chapter 11.-APPLICATION FOR PATENT

§ 111. Application for patent.

EMERGENCY RELIEF FROM POSTAL SITUATION AFFECTING PATENT, TRADEMARK, AND OTHER FEDERAL CASES Pub. L. 92-34, June 30, 1971, 85 Stat. 87, provided that: "Section 1 [Claim and verified statement for benefit of earlier filing date; prior art; evidence of entitled filing date in any proceedings]. (a) A patent or trademark application shall be considered as having been filed in the United States Patent Office on the date that it would have been received by the Patent Office except for the delay caused by the emergency situation affecting the postal service which began on March 18, 1970, and ended on or about March 30, 1970, if a claim is made for the benefit of an earlier date in accordance with subsections (b) and (c) of this section. Patents issued with earlier filing dates afforded by this section shall not be effective as prior art under subsection 102 (e) of title 35 of the United States Code [section 102(e) of this title] as of such earlier filing dates.

"(b) No patent or trademark application, patent, or trademark registration shall be entitled to an earlier filing date under this section unless a verified statement by the applicant or owner of record claiming the filing date to which the application is believed to be entitled is filed in the Patent Office within six months after enactment of this Act [June 30, 1971]. Such statement shall be maintained in the file of the application in the Patent Office and shall be referred to in the patent or trademark registration when practicable.

"(c) When a statement filed under subsection (b) of this section appears unreasonable or defective on its face, or when the filing date of the patent or trademark application, patent, or trademark registration is called into question or is material in any inter partes proceeding in the Patent Office or any proceeding in the courts, the applicant or owner of such application, patent, or trademark registration may be required to present evidence establishing the filing date to which the application is entitled. The filing date to which the application is entitled shall be determined on the basis of such evidence and any evidence introduced by an opposing party. The evidence shall be presented as directed by the Commissioner of Patents in proceedings in the Patent Office or as directed by the courts in proceedings in the courts. "Sec. 2 [Delayed fees or actions, excusal; relief request, date; applicability to Federal laws; determination of relief]. (a) Except for the filing of a patent or trademark application, if any action is taken or any fee is paid in the United States Patent Office later than the end of a time period specified in the statutes set forth in subsection (b) of this section for taking such action or paying such fee, and no provision exists in law for excusing such delay, the delay may be excused if it is determined that it was caused by the emergency situation affecting postal service which began on March 18, 1970 and ended on or

about March 30, 1970. Relief under this section must be requested by a verified statement filed in the Patent Office by the patent or trademark applicant or owner within six months after enactment of this Act [June 30, 1971]. "(b) This section is applicable to title 35, United States Code, 'Patents' [this title]; the Trademark Act of 1946, ch. 540, 60 Stat. 427, as amended [section 1051 et seq. of Title 15]; the Atomic Energy Act of 1954, Pub. L. 83-703, 68 Stat. 919, as amended [section 2011 et seq. of Title 42]; and the National Aeronautics and Space Act, Pub. L. 85-568, 72 Stat. 426 (1958), as amended [section 2451 et seq. of Title 42]. In cases involving the Atomic Energy Act of 1954 [section 2011 et seq. of Title 42] or the National Aeronautics and Space Act [section 2451 et seq. of Title 42], determinations of relief shall be made by a Board of Patent Interferences. In other cases determinations shall be made by the Commissioner of Patents.

"Sec. 3 [Regulations]. The Commissioner of Patents may establish regulations for administering this Act." § 119. Benefit of earlier filing date in foreign country; right of priority.

*

Applications for inventors' certificates filed in a foreign country in which applicants have a right to apply, at their discretion, either for a patent or for an inventor's certificate shall be treated in this country in the same manner and have the same effect for purpose of the right of priority under this section as applications for patents, subject to the same conditions and requirements of this section as apply to applications for patents, provided such applicants are entitled to the benefits of the Stockholm Revision of the Paris Convention at the time of such filing. (As amended July 28, 1972, Pub. L. 92-358, § 1, 86 Stat. 501.)

AMENDMENTS

1972-Pub. L. 92-358 added last paragraph providing that under certain circumstances, applications for inventors' certificate filed in a foreign country would be given the same priority as applications for patents, if the applicants are entitled to the benefits of the Stockholm Revision of the Paris Convention at the time of filing.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 3(a) of Pub. L. 92-358 provided that: "Section 1 of this Act [which amended this section] shall take effect on the date when Articles 1-12 of the Paris Convention of March 20, 1883, for the Protection of Industrial Property, as revised at Stockholm, July 14, 1967, come into force with respect to the United States and shall apply only to applications thereafter filed in the United States."

Rule II. Attorneys.

NOTICE TO COUNSEL IN CASES BEFORE THE COURT OF
CUSTOMS AND PATENT APPEALS

Amendments to the Court Rules which became effective January 1, 1971 have made two major changes of particular interest to counsel in cases before the Court.

1. The method of computing any period of time prescribed by the Rules is on a calendar day basis and there is no exclusion for Sundays and legal holidays. [Rule 10] For example, Rule 25(1) provides that a patent case must be docketed in the Court within 40 calendar days from the date upon which the reasons of appeal are filed with the Commissioner of Patents. If the 40th day falls on a Saturday, Sunday or a legal holiday, the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday.

2. Records and briefs may now be printed by any offset process which produces a clear black image on white paper. Heretofore it was required that printing be done by a standard typographic method. Whenever practicable, records for the Court will be printed by a photo-offset process. Briefs may be printed by any of the mehods set forth in the rules but counsel are advised that the size of both records and briefs has not been changed. [Rule 19(4) and Rule 26(2)]

Rule XXV. Petition of appeal-Transcript of record.

(1) In appeals from the Patent Office the appealing party shall file in the clerk's office a petition, ad

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dressed to the court, in which he shall briefly set forth and show that he has complied with the requirements of Title 35, United States Code, sections 142 and 143, to entitle him to an appeal, and praying that his appeal may be heard upon and for the reasons assigned therefor to the commissioner. Said reasons for appeal having been filed with the Commissioner of Patents and made a part of the record, shall not be repeated in the petition of appeal. Said petition of appeal and a certified copy of the record in the proceeding shall be filed in this court and the case duly docketed within 40 days from the date upon which said reasons for appeal were filed with the Commissioner of Patents: Provided, That the commissioner may for special and sufficient cause extend such time to some definite and fixed date: Provided further, That in inter partes cases appellant shall, at the time of filing said petition of appeal in this court, or within 10 days thereafter, serve a copy thereof upon appellee or his counsel.