Page:United States Statutes at Large Volume 113 Part 2.djvu/1098

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

113 STAT. 1501A-580 PUBLIC LAW 106-113—APPENDIX I Executive Schedule under section 5314 of title 5, United States Code. While away from such member's home or regular place of business such member shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. "(f) ACCESS TO INFORMATION. — Members of each Advisory Committee shall be provided access to records and information in the United States Patent and Trademark Office, except for personnel or other privileged information and information concerning patent applications required to be kept in confidence by section 122. "(g) APPLICABILITY OF CERTAIN ETHICS LAWS.— Members of each Advisory Committee shall be special Government employees within the meaning of section 202 of title 18, United States Code. "(h) INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. — The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to each Advisory Committee. "(i) OPEN MEETINGS. — The meetings of each Advisory Committee shall be open to the public, except that each Advisory Committee may by majority vote meet in executive session when considering personnel or other confidential information.". SEC. 4715. CONFORMING AMENDMENTS. (a) DUTIES. — Chapter 1 of title 35, United States Code, is amended by striking section 6. (b) REGULATIONS FOR AGENTS AND ATTORNEYS.— Section 31 of title 35, United States Code, and the item relating to such section in the table of sections for chapter 3 of title 35, United States Code, are repealed. (c) SUSPENSION OR EXCLUSION FROM PRACTICE. — Section 32 of title 35, United States Code, is amended by striking "31" and inserting "2(b)(2)(D)". SEC. 4716. TRADEMARK TRIAL AND APPEAL BOARD. Section 17 of the Act of July 5, 1946 (commonly referred to as the "Trademark Act of 1946") (15 U.S.C. 1067) is amended to read as follows: "SEC. 17. (a) In every case of interference, opposition to registration, application to register as a lawful concurrent user, or application to cancel the registration of a mark, the Director shall give notice to all parties and shall direct a Trademark Trial and Appeal Board to determine and decide the respective rights of registration. "(b) The Trademark Trial and Appeal Board shall include the Director, the Commissioner for Patents, the Commissioner for Trademarks, and administrative trademark judges who are appointed by the Director.". SEC. 4717. BOARD OF PATENT APPEALS AND INTERFERENCES. Chapter 1 of title 35, United States Code, is amended— (1) by striking section 7 and redesignating sections 8 through 14 as sections 7 through 13, respectively; and (2) by inserting after section 5 the following:

    • § 6. Board of Patent Appeals and Interferences

"(a) ESTABLISHMENT AND COMPOSITION. — T here shall be in the United States Patent and Trademark Office a Board of Patent Appeals and Interferences. The Director, the Commissioner for Patents, the Commissioner for Trademarks, and the administrative patent judges shall constitute the Board. The administrative patent