[Federal Register Volume 65, Number 66 (Wednesday, April 5, 2000)]
[Notices]
[Page 17858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8285]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No. 000328087-0087-01]
RIN 0651-XX23


Reestablishment of the Patent and Trademark Office as the United 
States Patent and Trademark Office

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice of reestablishment and adoption of seal.

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SUMMARY: The Patent and Trademark Office Efficiency Act reestablishes 
the Patent and Trademark Office as the United States Patent and 
Trademark Office (USPTO), an agency of the United States, within the 
Department of Commerce. USPTO will continue to issue patents, register 
trademarks, and disseminate information about patents and trademarks 
under the policy direction of the Secretary of Commerce, but will 
otherwise exercise independent control of its budget allocations and 
expenditures, personnel decisions and processes, procurements, and 
other administrative and management functions. This notice will explain 
some key aspects of USPTO's new functions and authorities.

EFFECTIVE DATE: March 29, 2000.

ADDRESSES: Director of the United States Patent and Trademark Office, 
Washington, D.C. 20231.

FOR FURTHER INFORMATION CONTACT: Richard Torczon, 703-305-9035.

SUPPLEMENTARY INFORMATION: The Patent and Trademark Office Efficiency 
Act (PTOEA) (Pub. L. 106-113, 113 Stat. 1501A-572) becomes effective 
March 29, 2000, and reestablishes the Patent and Trademark Office as an 
agency of the United States, within the Department of Commerce. The 
PTOEA transforms USPTO into a performance-based organization that uses 
quantitative and qualitative measures and standards for evaluating 
cost-effectiveness that are consistent with the principles of 
impartiality and competitiveness. Under the PTOEA, USPTO will continue 
to issue patents, register trademarks, and disseminate information 
about patents and trademarks under the policy direction of the 
Secretary of Commerce, but USPTO will exercise independent control over 
its budget allocations and expenditures, personnel decisions and 
processes, procurements, and other administrative and management 
functions. Some key aspects of the reestablishment of USPTO include:

1. New Titles

    The head of USPTO is the ``Under Secretary of Commerce for 
Intellectual Property and Director of the United States Patent and 
Trademark Office''. The Director is assisted by the ``Deputy Under 
Secretary of Commerce for Intellectual Property and Deputy Director of 
the United States Patent and Trademark Office''.
    The patent operations of USPTO are now headed by the ``Commissioner 
for Patents''.
    The trademark operations of USPTO are now headed by the 
``Commissioner for Trademarks''.
    Under section 4741(b) of the PTOEA, any reference to the 
Commissioner of Patents and Trademarks, the Assistant Commissioner for 
Patents, or the Assistant Commissioner for Trademarks is deemed to 
refer to the Director, the Commissioner for Patents, or the 
Commissioner for Trademarks, respectively. Hence, until further notice, 
no change is necessary to any mailing procedure, form, or other 
document submitted to USPTO. Appropriate use of the new titles is 
acceptable as well.

2. Mailing Address

    The mailing address remains the same, as reflected in the ADDRESSES 
section above. USPTO will accept mail addressed to either the Director 
of the United States Patent and Trademark Office or the Commissioner of 
Patents and Trademarks.

3. Continuity of Operations

    Under subsection 4743(a) of the PTOEA, all orders, determinations, 
rules, regulations, permits, grants, loans, contracts, agreements, 
certificates, licenses, and privileges in effect on March 28, 2000, 
shall remain in effect with equal force. Similarly, under subsection 
4743(b), all proceedings under way on March 28, 2000, shall continue. 
To this end, USPTO adopts all authorities, including rules, manuals, 
orders, and precedent, of the Patent and Trademark Office in effect on 
March 28, 2000. Until otherwise indicated, USPTO will continue to 
follow the Federal Acquisition Regulations and Department of Commerce 
regulations applicable to the Patent and Trademark Office on March 28, 
2000.
    USPTO may continue to use existing stocks of letterhead and other 
products.

5. Seal

    USPTO adopts the following as its seal which shall be judicially 
noticed and with which letters patent, certificates of trademark 
registrations, and papers issued by USPTO shall be authenticated:
[GRAPHIC] [TIFF OMITTED] TN05AP00.009

(Authority: Sec. 4712, Pub. L. 106-113, 113 Stat. 1501A-572 (35 
U.S.C. 2(b)).)

    Dated: March 30, 2000.
Q. Todd Dickinson,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 00-8285 Filed 4-4-00; 8:45 am]
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