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in the existing highways plan that may be initiated by the Commissioners and submitted to the Park and Planning Commission for approval. In this capacity it took over all the functions of the former Highway Commission, which it succeeded in 1926. (c) To provide for the comprehensive, systematic, and continuous development of the park, parkway, and playground system of the National Capital. (d) To acquire such lands as are necessary and desirable for the suitable development of the National Capital's park, parkway, and playground system, including acquisition, establishment, and development of the George Washington Memorial Parkway along both sides of the Potomac from Mount Vernon and Fort Washington to Great Falls, and additional lands for extension of the District park system into nearby Maryland and Virginia under such financial arrangements as agreed upon with the proper authorities of those States and as authorized by Congress.

§ 501.6 Committees. One of the purposes of the act setting up the Park and Planning Commission was to obtain the maximum amount of cooperation and correlation of effort between the departments, bureaus, and commissions of the Federal and District Governments. The Commission also is authorized to act in conjunction and cooperation with authorities of the States of Maryland and Virginia who may be designated for this purpose. To carry out this responsibility, the Commission has appointed a number of committees. These committees are strictly advisory to the Commission and their functions do not entail public hearings or promulgation of rules or regulations.

§ 501.7 Meetings. The Commission holds regular monthly meetings, usually of two days duration, the 3rd Thursday and Friday of the month and such special meetings as the Commission agree upon or upon call of the chairman.

§ 501.8 Administration. All authority is vested by law in the Commission of 10 members. The officials and committees exercise only such authority as are delegated to them by the Commission as a whole. Administrative and operational functions of the Commission are vested in the Chairman and its Executive Officer. Proposals for consideration by the Commission are channeled to the Chairman or its Executive Officer, and are brought before the full Commission

for final consideration at its regular or specially called meetings. No special rules or regulations with respect thereto are promulgated. Information regarding considered proposals and matters is channeled to the public through the Chairman, Executive Officer or administrative staff employees of the Commission. Hearings or appearances before the Commission are granted to persons or their representatives desiring such privileges, and no special rules or requirements regarding such appearances are promulgated other than that the proposal falls within the provinces and functions of the Commission. Such appearances are informal with the party appearing having the light to submit his proposal in full detail and be represented by counsel or experts to emphasize the merits of the proposals. The Commission has adopted no substantive rules for the administration of its authorized functions and has promulgated no statements of general policy, its deliberations and conclusions being arrived at after full consideration of all factors of city planning having a bearing on the proposal under consideration. The Commission is vested with final determination with respect to the acquisition of lands to be acquired for park, parkway and playground purposes for the National Capital and its environs. Acquisition of land by direct negotiations is performed according to the usual practices for the acquisition of real property by direct negotiations with the parties in interest or their legal representatives. No special rules of procedure prevail with respect thereto. The power of eminent domain is exercised in accordance with provisions of law regulating such proceedings. The Commission itself issues no rules, services, etc., with respect thereto, these functions being performed by the Department of Justice. The Commission exercises or administers no powers vested by statute in the President of the United States, nor does it exercise on behalf of the President any administrative power or function. In the acquisition of land for park, parkway and playground purposes, and the designation of lands for condemnation proceedings, the action of the Commission with respect thereto is subject to the approval of the President. This requirement, however, does not entail the issuance of any rules, regulations or orders.

The Commission exercises no judicial functions.

Chapter I-Patent Office, Department of Commerce..
Chapter II-Copyright Office, Library of Congress..

TITLE 37-PATENTS AND COPYRIGHTS

CHAPTER I-PATENT OFFICE, DEPARTMENT OF COMMERCE

N. B.: Dates appearing in the citations of source of documents codified in this chapter, such as dates of issuance, approval, or effectiveness, are obtained from the original document. For general statutory provisions governing effective dates, validity, and constructive notice see section 7 of the Federal Register Act (49 Stat. 502; 44 U.S.C. 307) and sections 3 and 4 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C., Sup., 1002, 1003).

Part

1

3

NOTE: Other regulations issued by the Department of Commerce appear in Title 14, Chapter II, Title 15, Title 32, Chapter VIII, and Title 33, Chapter V.

10

Rules of practice.

[Amended]

Licenses to file applications for patents in foreign countries. [Amended]
Organization and functions.

[Added]

ABBREVIATIONS: The following abbreviations are used in this chapter:

CFR Code of Federal Regulations

F.R.

Federal Register
Regulation

Reg.

R.S.

Revised Statutes

Statutes at Large

Stat.

Sup.

Supplement, United States Code U.S.C. United States Code

PART 1-RULES OF PRACTICE

ATTORNEYS

Sec.

1.18 Authorization. [Amended]

APPLICATION

1.30a Single signature application. [Added]

ATTORNEYS

§ 1.18 Authorization.

CODIFICATION: The last sentence of §1.18 was revoked, by Order, Commissioner of Patents, approved by the Secretary of Commerce, Apr. 17, 1946, 11 F.R. 4341.

APPLICATION

Part

1

200

§ 1.30a

Single signature application. The petition, oath, specification and claims, and power of attorney may be included in a single document and if in approved form may be executed by a single signature of applicant (see Approved Single Signature Form 1). (R.S.

1 Not filed with Division of the Federal Register.

483; 35 U.S.C. 6) [Reg., Apr. 17, 1946, 11 F.R. 4341]

PART 3-LICENSES TO FILE APPLI-
CATIONS FOR PATENTS IN FOR-
EIGN COUNTRIES

Sec.

3.19 Further optional procedure; Commis-
sioner's own motion.
3.20

[Added]
Extension of licenses; subject to se-
crecy order. [Added]
3.21 Optional procedure; single petition
letter. [Added]

AUTHORITY: §§ 3.19 to 3.21, inclusive, issued under 55 Stat. 657; 35 U.S.C., Sup., 42a.

§3.19 Further optional procedure; Commissioner's own motion. In addition to the optional procedure heretofore provided for, whenever an application for patent is filed in the United States Patent Office the Commissioner of Patents may on his own motion issue a license under 55 Stat. 657 (35 U.S.C., Sup., 42a) to file or cause or authorize to be filed in any foreign country an appli

cation for patent or for the registration of a utility model, industrial design, or model, and amendments thereto, on the invention corresponding to the application so filed in the United States Patent Office.

Such license will not empower the filing of supplements and continuances originating in this country which disclose inventions, modifications or variations other than those in the United States application.

The grant of such a license by the Commissioner of Patents will not in any way avoid other laws or lessen the responsibility of the licensee for the security of the subject matter as imposed by any Government contract or the provisions of existing laws relating to espionage and national security. At the present time no applications may be filed in Japan or Germany and materials destined to Bulgaria, Austria, Roumania, Hungary, Spain and Argentina, must be forwarded to Technical Data Licensing, Office of International Trade, Department of Commerce, for transmission abroad.

Licensees should apply to the envelope in which material is forwarded to the foreign country the legend "Licensed under Regulation No. 19, Commissioner of Patents, Serial No. ", with the serial number inserted. [Order 394, Jan. 31, 1946, 11 F.R. 1300]

§ 3.20 Extension of licenses, subject to secrecy order. Whenever a license to file an application in a foreign country has heretofore been granted by the Commissioner of Patents, under the provisions of 55 Stat. 657; 35 U.S.C., Sup., 42a, the license, subject to the provisions of any secrecy order as modified from time to time and the regulations of other agencies, is, in each case, hereby revived, renewed and extended to additionally empower the licensee under authority of said license, to file in any foreign country an application the subject matter of which is contained in the application identified therein. Licensee should apply to the envelope in which material is forwarded to the foreign country under this additional authority, the legend "License No. Commissioner of Patents", inserting the number of the license. [Order, Apr. 10, 1946; 11 F.R. 4037]

§ 3.21 Optional procedure; single petition letter. A single petition in

letter form may contain a request for one or more licenses to file in foreign countries applications and amendments thereto which include only the subject matter of one or more applications on file in the United States Patent Office and each of the latter applications must be identified by serial number, inventor, title of invention and date of filing. The data of each identified application must be on separate lines double spaced from the data of each other application with a wide margin on each side of the paper for any necessary entries. Each application identified will be separately licensed to permit filing in all countries subject to secrecy orders and regulations of other agencies. Licensee, in filing abroad, may combine or divide any licensed subject matter provided such action does not involve further invention.

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§ 10.1 Establishment. The Patent Office was established to administer the patent laws enacted by Congress in accordance with Article I, section 8, of the Constitution. The first of these laws was enacted April 10, 1790 (1 Stat. 318), but the Patent Office as a distinct bureau in the Department of State dates from the year 1802, when an official who became known as the Superintendent of Patents was placed in charge. The general revision of the patent laws enacted July 4, 1836 (5 Stat. 117), reorganized the Patent Office and designated the official in charge as Commissioner of Patents. Another general revision of the patent laws was made in 1870, and since that date numerous acts of Congress relating to patents have been passed. The present patent laws are set forth in title 35 of the United States Code. The administration of the Federal trade-mark laws (15 U.S.C. 81-108 and Pub. Law 489, 79th Cong., 60 Stat. 427) is also in the Patent Office. The Patent Office was transferred from the Department of the Interior, in which Department it had been since 1849, to the Department of Commerce by Executive Order 4175 (Mar. 17, 1925) on April 1, 1925, in accordance with the authority contained in the act of February 14, 1903, (32 Stat. 830; 35 U.S.C. 1 et seq.). The Patent Office is located in Washington, D. C., but some of its examining divisions are temporarily located in Richmond, Virginia.

§ 10.2 Functions. The chief functions of the Patent Office are to administer the patent laws as they relate to the

granting of letters patent for inventions, and to perform other duties relating to patents. It examines applications for patents to ascertain if the applicants are entitled to patents under the law, and grants the patents when they are so entitled; it publishes issued patents and various publications concerning patents and the patent laws, records assignments of patents, maintains a search room for the use of the public to examine issued patents and records, supplies copies of records and other papers, supplies information concerning patents, and the like. Analogous and similar functions are performed with respect to the registration of trade-marks.

§ 10.3 Organization. The Patent Office is organized broadly in the office of the Commissioner of Patents and associated offices, including the Assistant Commissioners, a Solicitor and Law Examiners, Supervisory Examiners, a Chief Clerk, and executive and administrative officers; the examining and associated divisions which carry on the technical and legal work leading to the grant or refusal of a patent or a trade-mark registration; and service and clerical divisions. Various officers and divisions are described in greater detail in the following sections but those dealing with purely administrative or internal matters, and such functions in the named divisions, are omitted.

§ 10.4 Commissioner of Patents. The head of the Patent Office is the Commissioner of Patents, who superintends or performs all duties respecting the granting and issuing of patents and the registration of trade-marks. He exercises general supervision over the entire work of the Patent Office, prescribes rules, subject to the approval of the Secretary of Commerce, for the conduct of proceedings in the Patent Office and for the recognition of attorneys and agents, decides various questions brought before him by petition as prescribed by the rules, and performs other duties necessary and required for the administration of the Patent Office and the performance of its functions. The Commissioner also prescribes the rules governing the registration of trade-marks and hears appeals in trade-mark cases.

§ 10.5 Assistant Commissioners. The Commissioner of Patents is assisted by three Assistant Commissioners of Patents, one of whom is designated First As

sistant Commissioner of Patents, who perform such duties relating to the office of the Commissioner of Patents as are assigned by the Commissioner, with the same authority as the Commissioner. One of them acts as Commissioner of Patents in the temporary absence of the latter.

§ 10.6 Solicitor and Law Examiners. The Solicitor and Law Examiners constitute the legal staff of the Commissioner. They have charge of litigation in which the Patent Office is a party, acting as counsel in appeals to the United States Court of Customs and Patent Appeals and in suits against the Commissioner, investigate legal and legislative matters for the Commissioner, edit the legal portions of the Official Gazette, and perform such other duties with respect to matters coming before the Commissioner as he may from time to time assign.

§ 10.7 Supervisory Examiners. The Supervisory Examiners aid the Commissioner in the administration of the Patent Office with respect to the examining of patent applications and the examining personnel, and in coordinating the formal procedures and practices among the examining divisions; they instruct new examiners, investigate complaints, investigate or decide for the Commissioner such petitions on matters relating to examining procedure as may be referred or delegated. by the Commissioner; pass upon certain actions proposed to be taken by examiners; and perform such other duties as may be assigned by the Commissioner.

§ 10.8 Board of Appeals. The Commissioner, Assistant Commissioners and nine Examiners-in-Chief constitute a Board of Appeals whose duty is to hear and decide appeals from adverse decisions of examiners upon applications for patents. Each appeal is heard and considered by at least three members of the Board of Appeals. Their decisions are reviewable by the courts. The temporary designation of additional members of the Board of Appeals from examiners of the Principal Examiner grade or higher is authorized by Public Law 620, 79th Congress 60 Stat. 873.

$ 10.9 Examining Divisions. The work of examining applications for patents is divided among 66 Examining Divisions, each having jurisdiction over certain assigned fields of invention. The Examining Divisions are numbered

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from 1 to 65 and the remaining division is the Design Division, which handles applications for patents for design inventions. Each of these divisions is in charge of a Principal Examiner and is staffed by a number of examiners, one of whom is assistant chief of the division and acts as chief in the absence of the Principal Examiner. The examiners perform the work of examining applications for patents and determine whether patents can be granted. An appeal can be taken to the Board of Appeals from their decisions refusing a patent and a review by the Commissioner of Patents may be had on other matters by petition. The examiners also determine when an interference exists between pending applications, or a pending application and a patent, institute interference proceedings in such cases and hear and decide certain preliminary questions raised by the contestants. § 10.10 Trade-Mark Division. The Trade-Mark Division similarly handles the examining and some of the other work relating to applications for the registration of trade-marks.

§ 10.11 Classification Division. The Classification Division supervises the existing classification of issued patents, revises unclassified and obsolete classes and makes new classes when necessary. The Classification Examiners review requirements for division in applications improperly claiming more than one invention before they can be made final.

§ 10.12 Interference Division. (a) The Interference Division deals with questions of priority between rival claimants for patents. Interferences are decided by a board of three Interference Examiners and their decisions are reviewable by the courts.

(b) An Examiner of Trade-Mark Interferences decides trade-mark interferences and trade-mark opposition and cancellation proceedings.

§ 10.13 War Division. The War Division was established to have charge of the administration of temporary wartime legislation relating to preserving inventions in secrecy, and to issuing licenses to file applications abroad. Rules relating to such licenses are codified in Part 3 of this chapter.

§ 10.14 Chief Clerk. The Chief Clerk, who is required by law to have the qualifications of a Principal Examiner, has direct supervision over service and cleri

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