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.
Public Law 110-313 · S. 3295 · 110th Congress · began in the Senate
Signed by George W. Bush (R) on Aug 12, 2008 · Commerce
Sponsor: Sen. Patrick Leahy (D-VT)
Cosponsors (1): Sen. Arlen Specter
Passage votes
- HouseVoice vote
- SenateUnanimous consent
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
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.
Committees
The committees the bill was sent to, and what each did with it.
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Related bills
1 bill the Library of Congress relates to this one.
H.R. 6362Identical 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 administr…
Data notes
Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 18 actions.
- Aug 12, 2008Became lawBecame law · Became Public Law No: 110-313.
- Became lawBecame law · Signed by President.
- Aug 5, 2008FloorFloor · Presented to President.
- Jul 31, 2008FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
- FloorFloor · On motion to suspend the rules and pass the bill Agreed to by voice vote.
- FloorFloor · Considered as unfinished business.
- OtherOther · Cleared for White House.
- Jul 29, 2008FloorFloor · At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. King (IA) objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
- FloorFloor · Considered under suspension of the rules.
- FloorFloor · DEBATE - The House proceeded with forty minutes of debate on S. 3295.
- FloorFloor · Mr. Cohen moved to suspend the rules and pass the bill.
- Jul 23, 2008FloorFloor · Message on Senate action sent to the House.
- FloorFloor · Received in the House.
- CommitteeCommittee · Referred to the House Committee on the Judiciary.
- Jul 22, 2008FloorFloor · Passed Senate without amendment by Unanimous Consent.
- CommitteeCommittee · Senate Committee on the Judiciary discharged by Unanimous Consent.
- Jul 21, 2008CommitteeCommittee · Read twice and referred to the Committee on the Judiciary.
- IntroducedIntroduced · Introduced in Senate
Data notes
Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.
Amendments
No amendments to this bill are on record.
Data notes
Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.
Official record
The bill’s full text is on Congress.gov. Data through Oct 7, 2026.