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. 13001

§ 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.

(Regulations of other agencies at this date prevent filing in Germany and Japan and require that technical data destined for Bulgaria, Austria, Roumania, Hungary, Spain and Argentina be forwarded to the Technical Data Licensing Section, Office of International Trade, Department of Commerce for transmission abroad. In all other cases the licensed material may be mailed or forwarded direct by the licensee without presentation of the license to the transmitting agency.)

The name and address of petitioner should be clearly set forth on all petitions. [Order, Apr. 10, 1946; 11 F.R. 4037]

AUTHORITY: §§ 10.1 to 10.30, inclusive, issued under Pub. Law 404, 79th Cong., 60 Stat. 237; 5 U.S.C. Sup., 1001 et seq.

SOURCE: §§ 10.1 to 10.30, inclusive, contained in Statement of Organization and Functions, Acting Commissioner of Patents, approved by Secretary of Commerce, effective Sept. 11, 1946, 11 F.R. 177A-331.

§ 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

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 (a) Interference Division. 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

cal divisions of the Patent Office. He is also in charge of the general correspondence of the Office and the register of attorneys and agents admitted to practice before the Patent Office, and supplies information of a general nature.

§ 10.15 Mails and Files Division. The Mails and Files Division receives, opens and distributes all official mail and sees to it that all remittances are properly applied, recorded and deposited with the Financial Officer. It has custody of the general correspondence not relating to particular applications for patents. Some routine inquiries are answered by circular letter sent out by this division.

§ 10.16 Financial Division. The Financial Division is in charge of a Financial Officer and receives and accounts for all fees paid into the Patent Office and deposits them in the United States Treasury. Coupons redeemable for copies of patents and other papers are sold, and deposit accounts for the payment of certain charges are maintained. This Division also has charge of refunding money paid by mistake or in excess.

§ 10.17 Application Division. The Application Division receives, records and acknowledges all applications for patents when they are filed. Upon receipt of an application, the papers are scrutinized to see if the application is complete in all its parts and complies with certain formal requirements. If the papers are not sufficiently complete to be accepted as an application for patent, the applicant is notified of the deficiencies and the papers are held for completion. If it is complete, the application (the papers being placed in a jacket or file) is given a serial number and filing date, indexed, and (after the drawing has been inspected by the Drafting Division) sent to the particular Examining Division having charge of the subject matter of the application.

§ 10.18 Drafting Division. The Drafting Division inspects the drawings accompanying applications for patents and for registration of trade-marks to insure compliance with the formal rules relating to drawings and minimum standards of execution. It also prepares new drawings from sketches or models when ordered by an applicant, and makes corrections in drawings on file.

§ 10.19 Issue and Gazette Division. This division has the duty of attending to the details of issuing the patents after

the applications have been allowed by the examiner. It prepares the specifications for printing and supervises the printing which is done at the Government Printing Office. It also prepares the drawings for photolithographing and supervises this work. It takes care of the numbering, dating, indexing and recording of patents when granted, and prepares and mails the formal grants. The same work is done in the case of trademark registrations. The preparation for printing of the Official Gazette of the United States Patent Office, with its indexes, the annual volumes of Decisions of the Commissioner of Patents, and other publications, are also functions of this division.

§ 10.20 Docket Division. The Docket Division has custody of patent and trademark dockets for the Commissioners, the files in interference cases except when they are in use by the examiners, and papers in cases appealed to the Court of Customs and Patent Appeals. Papers filed in such cases go to the Docket Clerk who enters them and is responsible for their custody and distribution. This division also handles correspondence relating to the revocation of powers of attorney or authorization of agents.

§ 10.21 Assignment Division. The Assignment Division receives and records all assignments transferring property rights in patents and trade-marks, and applications for the same. After the assignments are recorded, and the records compared, they are returned to the owners. The division also makes searches of the titles of patents and trade-marks and furnishes abstracts of titles. Digests and indexes are made of all assignments in order to facilitate title searches. These are available to the public.

§ 10.22 Manuscript Division. The Manuscript Division has charge of furnishing to the public copies of records of the Patent Office. It makes photostat and photographic copies of records, books, patents, etc., and also typewritten copies of manuscripts. It also prepares copies of patents and other papers to be certified under the signature of the Commissioner and the seal of the Patent Office.

§ 10.23 Publications Division. This division has charge of the storage and distribution and sale of the printed copies of patents and trade-mark registrations.

§ 10.24 Scientific Library. The Scientific Library contains over 35,000 volumes of scientific and technical books in various languages, about 40,000 bound volumes of periodicals devoted to science and technology, the official journals of foreign patent offices and over 6,000,000 copies of foreign patents in bound volumes. In many cases there are two sets of foreign patents, one set arranged in numerical order and one set classified according to the classification of the country of origin of the patents.

§ 10.25 Search Room. (a) The Search Room is maintained for the benefit of the public in searching and examining United States patents and their records. It contains a complete set of United States patents granted since 1836 arranged according to the Patent Office classification. By searching in these classified patents, it is possible to determine, before actually filing an application, whether an invention has been anticipated by a United States patent, and it is also possible to obtain the information contained in the patents relating to any field of endeavor. A file of registered trade-marks is also available in the Search Room for searching purposes.

(b) Attached to the Search Room is a Record Room in which the public may inspect the records and files of issued patents and registered trade-marks. The Record Room contains a set of United States patents arranged in numerical order, in bound volumes, and complete sets of the Official Gazette, the Patent Office Reports, the Annual Indexes, and copies of registered trademarks.

(c) The Scientific Library, Search Room and Record Room are in immediate charge of the Librarian and are under the supervision of the Chief Clerk. They are all open to the public.

§ 10.26 Register of patents available for license or sale. The Patent Office maintains a register on which patentees who are offering their patents for licensing or sale may have them listed.

§ 10.27 Publications of the Patent Office (a) Patents. The specifications (including the claims) and drawings of all patents are published on the day they are granted and copies are sold to the public by the Patent Office. The specifications are initially printed at the Government Printing Office and the drawings photolithographed by contractors.

When the supply is exhausted, reproductions are made by photolithography.

(b) Trade-marks. Copies of trademark registrations are also printed and sold by the Patent Office.

(c) Official Gazette of the United States Patent Office. (1) The Official Gazette of the United States Patent Office is the official journal relating to patents and trade-marks. It has been published weekly since January 1872, and is now issued each Tuesday, simultaneously with the weekly issue of the patents. It contains a selected figure of the drawings and one claim of each patent granted on that day, an illustration of each trademark published for opposition, a list of trade-marks registered, and other trademark information; decisions in patent and trade-mark cases rendered by the courts and the Patent Office; notices of patent and trade-mark suits; indexes of patents and patentees; disclaimers filed; lists of patents available for license or sale; and much general information such as orders, notices, changes in rules, changes in classification, etc.

(2) The Official Gazette is sold, by annual subscription and in single copies, by the Superintendent of Documents. The pages containing the decisions and other information, and those containing trademark material, are separately bound and may be purchased independently of the remainder of the Gazette.

(d) Annual index. The annual index to the Official Gazette contains alphabetical indexes of the names of patentees, the subject matter of the patents granted, the names of trade-mark registrants, the names of the goods to which the trade-marks are applied, and the disclaimers filed, during the calendar year. Copies are sold by the Superintendent of Documents. At present it is issued in two volumes, one for patents and one for trade-marks.

(e) Decisions of the Commissioner of Patents. This volume is issued annually, reprinting the decisions which have been published weekly in the Official Gazette. Copies are sold by the Superintendent of Documents.

(f) Manual of classification. The present manual of classification is a loose leaf booklet containing a list of all the classes and subclasses of inventions in the Patent Office classification of patents, a subject matter index, and other information relating to classification. Substitute pages are issued from time to