A bill 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.

(This measure has not been amended since it was passed by the Senate on July 22, 2008. The summary of that version is repeated here.) Transfers from the director of the United States Patent and Trademark Office (PTO) to the Secretary of Commerce the authority to appoint administrative patent judges and administrative trademark judges. Requires the Secretary to consult with the director on such appointments. Names the PTO's deputy director as an additional member of the Trademark Trial and Appeal Board. Authorizes the Secretary, in his or her discretion, to deem the appointment of an administrative patent judge or an administrative trademark judge who, before enactment, 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. Makes it a defense to a challenge to the appointment of an administrative patent judge or an administrative trademark 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.

Congressional Research Service · 2008-07-31