[110th Congress Public Law 313]
[From the U.S. Government Printing Office]


[DOCID: f:publ313.110]

[[Page 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

[[Page 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:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 154 (2008):
            July 22, considered and passed Senate.
            July 29, 31, considered and passed House.

                                  <all>