[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

122 STAT. 3014

Public Law 110-313
110th Congress

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. [NOTE: Aug. 12, 2008 -  [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

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122 STAT. 3015

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.''.

Approved August 12, 2008.

LEGISLATIVE HISTORY--S. 3295:
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CONGRESSIONAL RECORD, Vol. 154 (2008):
July 22, considered and passed Senate.
July 29, 31, considered and passed House.