[Congressional Record Volume 154, Number 119 (Monday, July 21, 2008)]
[Senate]
[Page S6976]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself and Mr. Specter):
  S. 3295. A bill 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; to the 
Committee on the Judiciary.
  Mr. LEAHY. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                S. 3295

       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.''.
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