Patent and Trademark Office Reform Act
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TABLE OF CONTENTS: Title I: United States Patent and Trademark Office Title II: Effective Date; Technical Amendments Title III: Miscellaneous Provisions Title IV: Under Secretary for Intellectual Property Patent and Trademark Office Reform Act - Title I: United States Patent and Trademark Office - Amends Federal patent law to replace the current Patent and Trademark Office with a new United States Patent and Trademark Office established as a wholly owned Government corporation under the policy direction of the Secretary of Commerce. (Sec. 102) Sets forth the powers and duties of the Office, including the granting and issuing of patents and the registration of trademarks. (Sec. 103) Vests management of the Office in the Commissioner of the United States Patent and Trademark Office, who shall be appointed by the President, by and with the advice and consent of the Senate. Directs the Commissioner to appoint an Assistant Commissioner for Patents and an Assistant Commissioner for Trademarks, who shall be the principal policy and management advisers to the Commissioner. Eliminates the position of Deputy Commissioner and the requirement that the Assistant Commissioners be appointed by the President, by and with the advice and consent of the Senate. (Sec. 104) Establishes within the Office a Management Advisory Board to: (1) advise the Commissioner; and (2) review and report annually to the President and specified congressional committee on the Office's policies, goals, performance, budget, and user fees. (Sec. 106) Amends the Trademark Act of 1946 to revise the membership of the Trademark Trial and Appeal Board. (Sec. 107) Amends Federal patent law to revise the membership of the Board of Patent Appeals and Interferences. (Sec. 111) Directs the Commissioner to establish surcharges on patent fees in an amount to ensure that up to $119 million are collected in each fiscal year starting FY 1999. Requires specific prior authorization of appropriations for the collection and availability of fees. (Sec. 112) Prescribes annual audit requirements. (Sec. 114) Prohibits the elimination of full-time equivalent Office positions in order to meet the requirements of the Federal Workforce Restructuring Act of 1994. Title II: Effective Date; Technical Amendments - Sets forth: (1) the effective date of this Act; and (2) technical and conforming amendments. Title III: Miscellaneous Provisions - Sets forth specified administrative provisions. Title IV: Under Secretary for Intellectual Property - Establishes within the Department of Commerce an Under Secretary for Intellectual Property, appointed by the President, by and with the advice and consent of the Senate. Requires the Under Secretary to: (1) advise the President on national and international intellectual property policy issues; (2) promote in international trade the U.S. industries that rely on intellectual property; and (3) review and coordinate proposals by agencies to assist foreign governments and international intergovernmental agencies in improving intellectual property protection.
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