United States Code/Title 35/Chapter 1/Section 6

by the United States Government

Section 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.

Source

(Added Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4717(2)], Nov. 29, 1999, 113 Stat. 1536, 1501A-580; amended Pub. L. 107-273, div. C, title III, Sec. 13203(a)(2), Nov. 2, 2002, 116 Stat. 1902.)

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, Sec. 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 94-131, Sec. 2, Nov. 14, 1975, 89 Stat. 690; Pub. L. 97-247, Secs. 7, 13, Aug. 27, 1982, 96 Stat. 320, 321; Pub. L. 102-204, Sec. 8, Dec. 10, 1991, 105 Stat. 1641, related to duties of Commissioner, prior to repeal by Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Secs. 4715(a), 4731], Nov. 29, 1999, 113 Stat. 1536, 1501A-580, 1501A-581, effective 4 months after Nov. 29, 1999.

Amendments

2002

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 Date

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