[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3295 Referred in House (RFH)]







110th CONGRESS
  2d Session
                                S. 3295


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 2008

               Referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
To amend title 35, United States Code, and the Trademark Act of 1946 to 
   provide that the Secretary of Commerce, in consultation with the 
   Director of the United States Patent and Trademark Office, shall 
   appoint administrative patent judges and administrative trademark 
                    judges, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. APPOINTMENT OF ADMINISTRATIVE PATENT JUDGES AND 
              ADMINISTRATIVE TRADEMARK JUDGES.

    (a) Administrative Patent Judges.--Section 6 of title 35, United 
States Code, is amended--
            (1) in subsection (a)--
                    (A) in the second sentence, by striking ``Deputy 
                Commissioner'' and inserting ``Deputy Director''; and
                    (B) in the last sentence, by striking ``Director'' 
                and inserting ``Secretary of Commerce, in consultation 
                with the Director''; and
                    (C) by adding at the end the following:
    ``(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.''.
    (b) Administrative Trademark Judges.--Section 17 of the Act 
entitled ``An Act to provide for the registration and protection of 
trademarks used in commerce, to carry out the provisions of certain 
international conventions, and for other purposes'', approved July 5, 
1946 (commonly referred to as the ``Trademark Act of 1946''; 15 U.S.C. 
1067), is amended--
            (1) in subsection (b)--
                    (A) by inserting ``Deputy Director of the United 
                States Patent and Trademark Office'', after 
                ``Director,''; and
                    (B) by striking ``appointed by the Director'' and 
                inserting ``appointed by the Secretary of Commerce, in 
                consultation with the Director''; and
            (2) by adding at the end the following:
    ``(c) Authority of the Secretary.--The Secretary of Commerce may, 
in his or her discretion, deem the appointment of an administrative 
trademark 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 trademark judge.
    ``(d) Defense to Challenge of Appointment.--It shall be a defense 
to a challenge to the appointment of an administrative trademark judge 
on the basis of the judge's having been originally appointed by the 
Director that the administrative trademark judge so appointed was 
acting as a de facto officer.''.

            Passed the Senate July 22, 2008.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.