Post by Bruce on Jun 22, 2014 20:55:09 GMT -5
Chapter 2. Patent Service.
Section 9. Director of the United States Patent Service.
(a) The President shall appoint, with the advice and consent of the Senate, a Director of the United States Patent Service, hereinafter in this chapter the Director, who shall superintend the operations of the United States Patent Service, and who shall serve at the pleasure of the President.
(b) It shall be the duty of the Director:
1. to process patent applications;
2. to process copyright applications;
3. to coordinate with the Counsel, the United States Attorneys, and the United States Marshals to enforce patent and copyright protections;
4. to make report, and give information to either brach of the legislature, in person or in writing (as he may be required), respecting all matters referred to him by the Senate or House of Representatives, or which shall appertain to his office;
5. to superintend the business of the United States Patent Service, proscribing such regulations to its employees as he may deem necessary; and
6. to perform and execute such duties as may from time to time be enjoined on or entrusted to him by the President, agreeable to the Constitution.
© The Director shall be authorized:
1. to establish an office or offices in the capital of the United States, and in any other locations that the he may deem prudent, and to staff that office or those offices with such assistants, clerks, and other employees as may deem necessary;
2. to establish the procedure for applying for a patent or a copyright, and to levy a fee for such application;
3. to establish regulations for the consideration of a patent or copyright application;
4. to award a patent on a product or a copyright on a written, verbal, or other work; and
5. to proscribe regulations for the transfer of a patent or copyright, and for related licensing.
(d) The President may appoint, with the advice and consent of the Senate, a Deputy Director of the United States Patent Service to assist the Director, and to act as Director whenever there is not a Director, or whenever the Director is unable to serve.
Section 10. Patent Requirements.
(a) Any person that creates, design, devises, or otherwise develops a new practical device or machine may apply for legal ownership of the design of such object, and the term for legal ownership shall be "holding a patent on the design", or "patent".
(b) Any person desiring patent protection shall submit the technical specifications, diagrams, and a description of such device or machine to the Patent Service, and shall include such fee as the Director may proscribe.
© The Director shall issue a certificate called a "Patent" for any successful patent application and shall grant the applicant the exclusive right to manufacture and/or sell the device diagrammed in the patent, or to grant licenses to others for manufacture or sale, but this patent shall expire after a period of seven years, and at the time of expiration, the Director shall publish the technical specification s of the item.
(d) The Director shall inform any unsuccessful patent applicant of the reasons for the rejection of his application for a patent.
(e) A patent holder may apply for a renewal of his patent based on changes in design no less than twelve (12) months prior to the expiration of his patent and, if granted, such patent holder's patent shall be extended for seven years.
Section 11. Copyright Requirements.
(a) Any person that writes, illustrates, or otherwise creates a book, manuscript, or other literary work may apply for legal ownership of the content of that book, manuscript, or other literary work, and the term for legal ownership shall be "holding a copyright", or "copyright".
(b) Any person desiring copyright protection shall submit his full work to the Patent Service, plus a description of such work, and shall include such fee as the Director may proscribe.
© The Director shall issue a certificate called a "Copyright" for any successful copyright application and shall grant the applicant the exclusive right to print and/or sell the work specified in the patent, or to grant licenses to others for printing or sale, but this copyright shall expire after a period of fifty years, or upon the death of the author, whichever comes later.
(d) The Director shall inform any unsuccessful copyright applicant of the reasons for the rejection of his application for a copyright.
Section 12. Enforcement.
(a) No federal court established by Act of Congress shall entertain a suit in law or equity between the holder of a patent or copyright and a person infringing on that patent or copyright if the latter shall bring suit against the former, and the court shall, all evidence being equal, defer to the holder of a patent or copyright in all cases unless convinced that such patent or copyright was obtained through theft, fraud, or other illegal or immoral act.
(b) In any suit brought by the holder of a patent or copyright against a non-holder for infringement, the burden shall be on the party accused of infringement to prove their design or work is of a unique enough status to qualify as a separate invention or device or work, and if such burden is not met, default judgment shall be entered on behalf of the patent holder.
