§13
`
`TITLE 35~PATENTS
`
`Page 18
`
`EFFECTIVE DATE OF 1982 AMENDMENT
`Ame ndment by Pub. L. 97-247 effective Aug. 27, 1982,
`see section 17(a ) of Pub. L. 97-247, set out as a note
`under section 41 of this title .
`
`§ 13. Annual report to Congress
`The Director shall report to the Congress, not
`later than 180 days after the end of each fiscal
`year, the moneys received and expended by the
`Office, the purposes for which the moneys were
`spent, the quality and quantity of the work of
`the Office, the nature of training provided to ex(cid:173)
`aminers, the evaluation of the Commissioner of
`Patents and the Commissioner of Trademarks
`by the Secretary of Commerce, the compensa(cid:173)
`tion of the Commissioners, and other informa(cid:173)
`tion relating to the Office.
`(July 19, 1952, ch. 950, 66 Stat. 794, § 14; renum(cid:173)
`bered § 13 and amended Pub. L. 106-113 , div. B,
`§ 1000(a)(9) [title IV, §§4717(1), 4718], Nov. 29, 1999,
`113 Stat. 1536, 1501A-580, 1501A- 581.)
`
`HISTORICAL AND REVISION NOTES
`
`Based on Title 35, U .S.C., 1946 ed., § 20 (R.S. 494).
`Language is c hanged. The lists referred t o in the cor(cid:173)
`r esponding section of existing s tatute, and which are
`omitted fr om the revised section, are the indexes pro(cid:173)
`vided for in sectio n ll(a)4. The month of reporting is
`omitted. The report contemplated by R.S. 494 has been
`discontinued since 1925 under authority of 44 U.S.C.,
`1946 ed., § 212.
`
`PRIOR PROVISIONS
`A prior section 13 was renumbered section 12 of this
`title.
`
`AMENDMENTS
`1999~Pub. L. 106-113 renumbered section 14 of this
`title as this section and amended section catc hline and
`t ext generally. Prior to amendment, text read as fol(cid:173)
`lows : "The Commissioner shall report t o Congress an(cid:173)
`nually the m oneys received and expended, statistics
`concerning the work of the Office, and other informa(cid:173)
`tion relating to the Office as may be useful t o the Con(cid:173)
`gress or the public."
`
`EFFECTIVE DATE OF 1999 AMENDMENT
`Amendment by Pub. L. 106-113 effective 4 months
`after Nov. 29, 1999, see section 1000(a )(9) [title I V, § 4731]
`of Pub. L. 106-113, set out as a note under section 1 of
`this title.
`
`R EPORT TO CONGRESS
`Pub. L. 100-703, title I, § 103(c), Nov. 19, 1988, 102 Stat.
`4674, provided that: "The Secretary of Commerce s hall,
`on the day o n which the President s ubmits the annual
`budget t o the Congress, pro vide to the Committees on
`the Judiciary of the Senate and the House of R ep(cid:173)
`resentatives--
`"(1) a list of patent and trademark fee collections
`by the Patent and Trademark Office during the pre(cid:173)
`ceding fiscal year;
`"(2) a lis t of activities of the Patent and Trademark
`Office during the preceding fiscal year whic h were
`supported by patent fee expenditures, trademark fee
`expenditures, and appropriations;
`"(3) budget plans for significant programs, proje cts,
`and activities of the Office, including out-year fund(cid:173)
`ing estimates;
`"(4) any proposed disposition of surplus fees by the
`Office; and
`"(5) s uch other information as the committees con(cid:173)
`sider necessary."
`Similar provisions were contained in the following
`prior authorization act:
`
`Pub. L. 99~07, § 3(c), No v. 6, 1986, 100 Stat. 3471.
`
`COMPUTERIZED D ATA AND RETRIEVAL SYSTEM; REPORT
`TO CONGRESS
`Pub. L. 96-517, § 9, Dec . 12, 1980, 94 Stat. 3028, direc ted
`the Commissioner of Patents and Trademarks t o r eport
`to Congress, within two y ears after Dec. 12, 1980, a plan
`to identify, and if necessary devel op or have developed,
`computerized data and r etrieval systems equivalent to
`the latest state of the art which could be applied to all
`aspects of the operation of the Patent and Trademark
`Office, and particularly to the patent search file, the
`patent classification system, and the trademark search
`file . The report was to specify the cost of implementing
`the plan, and how rapidly the plan could be imple(cid:173)
`mented by the Patent and Trademark Office, without
`regard t o the availability of future funding .
`
`[§ 14. Renumbered § 13]
`
`CHAPTER 2-PROCEEDINGS IN THE PATENT
`AND TRADEMARK OFFICE
`
`Sec.
`21.
`22.
`23.
`
`24.
`25.
`26.
`
`Filing date and day for taking action.
`Printing of papers filed.
`Testimony in Patent and Trademark Office
`cases.
`Subpoenas, witnesses.
`Declaration in lieu of oath.
`Effect of defective execution.
`
`AMENDMENTS
`2002-Pub. L. 107-273, div. C, title III, § 13206(a)(5), N ov.
`2, 2002, 116 Stat. 1904, substituted "Filing date and day
`for taking action" for "Day for taking action falling on
`Saturday, Sunday, or holiday" in ite m 21.
`1975-Pub. L. 93-596, § 1, Jan. 2, 1975, 88 Stat. 1949, sub(cid:173)
`stituted "Patent and Trademark Office" for "Patent
`Office" in chapter heading and in item 23.
`1964--Pub. L. 88-292, § 2, Mar. 26, 1964, 78 Stat. 171,
`added items 25 and 26.
`
`§ 21. Filing date and day for taking action
`(a) The Director may by rule prescribe that
`any paper or fee required to be filed in the Pat(cid:173)
`ent and Trademark Office will be considered
`filed in the Office on the date on which it was
`deposited with the United States Postal Service
`or would have been deposited with the United
`States Postal Service but for postal service
`interruptions or emergencies designated by the
`Director.
`(b) When the day, or the last day, for taking
`any action or paying any fee in the United
`States Patent and Trademark Office falls on
`Saturday, Sunday, or a Federal holiday within
`the District of Columbia, the action may be
`taken, or the fee paid, on the next succeeding
`secular or business day.
`(July 19, 1952, ch. 950, 66 Stat. 794; Pub. L. 93-596,
`§ 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 97-247, § 12,
`Aug. 27, 1982, 96 Stat. 321; Pub. L. 106- 113, div. B,
`§ 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29,
`1999, 113 Stat. 1536, 1501A-582; Pub. L. 107-273,
`div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116
`Stat. 1906.)
`
`HISTORICAL AND REVISION NOTES
`Based on Title 35, U.S.C., 1946 ed., §21 (Mar. 2, 1927,
`ch. 273, § 14, 44 Stat. 1337).
`"Fixed by s tatute" is omitted from the corresponding
`section of the existing statute as unnecessary. Satur(cid:173)
`day is added as a day on which action need not be
`taken.
`
`Elm Exhibit 2104
`Samsung, Micron, SK hynix v. Elm
`IPR2016-00387
`
`

`
`Page 19
`
`TITLE 35-PATENTS
`
`§24
`
`AMENDMENTS
`2002-Subsec. (a). Pub. L. 107-273 made technical cor(cid:173)
`rection to directory language of Pub. L. 106-113. See
`1999 Amendment note below.
`1999-Subsec. (a). Pub. L. 106-113, as amended by Pub.
`L. 107-273, substituted "Director" for "Conunissioner"
`in two places.
`1982-Pub. L. 97-247 substituted "Filing date and day
`for taking action" for "Day for taking action falling on
`Saturday, Sunday, or holiday" as section catchline,
`added subsec. (a), redesignated existing provisions as
`subsec. (b) and inserted "Federal" after "Sunday, or
`a".
`1975-Pub. L. 93-596 substituted "Patent and Trade(cid:173)
`mark Office" for "Patent Office".
`
`EFFECTIVE DATE OF 1999 AMENDMENT
`Amendment by Pub. L. 106-113 effective 4 months
`after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731]
`of Pub. L. 106-113, set out as a note under section 1 of
`this title.
`
`EFFECTIVE DATE OF 1982 AMENDMENT
`Amendment by Pub. L. 97-247 effective six months
`after Aug. 27, 1982, see section 17(c) of Pub. L. 97-247, set
`out as an Effective Date note under section 294 of this
`title.
`
`EFFECTIVE DATE OF 1975 AMENDMENT
`Amendment by Pub. L. 93-596 effective Jan. 2, 1975,
`see section 4 of Pub. L. 93-596, set out as a note under
`section 1111 of Title 15, Commerce and Trade.
`
`EMERGENCY RELIEF FROM POSTAL SITUATION
`AFFECTING PATENT CASES
`Relief as to filing date of patent application or patent
`and excusal of delayed fees or actions affected by postal
`situation beginning on Mar. 18, 1970, and ending on or
`about Mar. 30, 1970, see note set out under section 111
`of this title.
`
`§ 22. Printing of papers filed
`The Director may require papers filed in the
`Patent and Trademark Office to be printed,
`typewritten, or on an electronic medium.
`(July 19, 1952, ch. 950, 66 Stat. 795; Pub. L. 93-596,
`§ 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 106-113, div.
`B, § 1000(a)(9) [title IV, §§4732(a)(10)(A), 4804(a)],
`Nov. 29, 1999, 113 Stat. 1536, 1501A-582, 1501A-589;
`Pub. L. 107-273, div. 0, title III, § 13206(b)(1)(B),
`Nov. 2, 2002, 116 Stat. 1906.)
`
`HISTORICAL AND REVISION NOTES
`Based on Title 35, U .S.C., 1946 ed., § 12 (R.S. 488).
`Language is changed and "or typewritten" is added
`after "printed".
`
`AMENDMENTS
`2002-Pub. L. 107-273 made technical correction to di(cid:173)
`rectory language of Pub. L. 106-113, § 1000(a)(9) [title IV,
`§ 4732(a)(10)(A)]. See 1999 Amendment note below.
`1999-Pub. L. 106-113, § 1000(a)(9) [title IV, § 4804(a)],
`substituted "printed, typewritten, or on an electronic
`medium" for "printed or typewritten".
`Pub. L. 106-113, §1000(a)(9) [title IV, §4732(a)(10)(A)],
`as amended by Pub. L. 107-273, substituted "Director"
`for "Commissioner".
`1975-Pub. L. 93-596 substituted "Patent and Trade(cid:173)
`mark Office" for "Patent Office".
`
`EFFECTIVE DATE OF 1999 AMENDMENT
`IV,
`Amendment
`by
`section
`1000(a)(9)
`[title
`§ 4732(a)(10)(A)] of Pub. L. 106-113 effective 4 months
`after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731]
`of Pub. L. 106-113, set out as a note under section 1 of
`this title.
`
`EFFECTIVE DATE OF 1975 AMENDMENT
`Amendment by Pub. L. 93-596 effective Jan. 2, 1975,
`see section 4 of Pub. L. 93-596, set out as a note under
`section 1111 of Title 15, Conunerce and Trade.
`
`§ 23. Testimony in Patent and Trademark Office
`cases
`The Director may establish rules for taking
`affidavits and depositions required in cases in
`the Patent and Trademark Office. Any officer
`authorized by law to take depositions to be used
`in the courts of the United States, or of the
`State where he resides, may take such affidavits
`and depositions.
`(July 19, 1952, ch. 950, 66 Stat. 795; Pub. L. 93-596,
`§1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 106-113, div.
`B, § 1000(a)(9) [title IV, §4732(a)(10)(A)], Nov. 29,
`1999, 113 Stat. 1536, 1501A-582; Pub. L. 107-273,
`div. 0, title III, §13206(b)(1)(B), Nov. 2, 2002, 116
`Stat. 1906.)
`
`HISTORICAL AND REVISION NOTES
`Based on Title 35, U.S.C., 1946 ed., §53 (R.S. 4905).
`This section is placed in part 1 since it relates to
`trade-maJ'k cases in the Patent Office as well as to pat(cid:173)
`ent cases.
`Language is changed.
`
`AMENDMENTS
`2002-Pub. L. 107-273 made technical correction to di(cid:173)
`rectory language of Pub. L. 106-113. See 1999 Amend(cid:173)
`ment note below.
`1999-Pub. L. 106-113, as amended by Pub. L. 107-273,
`substituted "Director" for "Commissioner".
`1975-Pub. L. 93-596 substituted "Patent and Trade(cid:173)
`maJ'k Office" for "Patent Office" in section catchline
`and text.
`
`EFFECTIVE DATE OF 1999 AMENDMENT
`Amendment by Pub. L. 106-113 effective 4 months
`after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731]
`of Pub. L. 106-113, set out as a note under section 1 of
`this title.
`
`EFFECTIVE DATE OF 1975 AMENDMENT
`Amendment by Pub. L. 93-596 effective Jan. 2, 1975,
`see section 4 of Pub. L. 93-596, set out as a note under
`section 1111 of Title 15, Conunerce and Trade.
`
`§ 24. Subpoenas, witnesses
`The clerk of any United States court for the
`district wherein testimony is to be taken for use
`in any contested case in the Patent and Trade(cid:173)
`mark Office, shall, upon the application of any
`party thereto, issue a subpoena for any witness
`residing or being within such district, command(cid:173)
`ing him to appear and testify before an officer in
`such district authorized to take depositions and
`affidavits, at the time and place stated in the
`subpoena. The provisions of the Federal Rules of
`Civil Procedure relating to the attendance of
`witnesses and to the production of documents
`and things shall apply to contested cases in the
`Patent and Trademark Office.
`Every witness subpoenaed and in attendance
`shall be allowed the fees and traveling expenses
`allowed
`to witnesses attending
`the United
`States district courts.
`A judge of a court whose clerk issued a sub(cid:173)
`poena may enforce obedience to the process or
`punish disobedience as in other like cases, on
`proof that a witness, served with such subpoena,
`
`Elm Exhibit 2104, Page 2