Civilzenship Become a civilzen
FSUTO Home
Essay
IGT
SCOLAR
Com. Gov.
FET
IPT
CT
CPACT
EPT
FPT
HRT
PST
SUDAPT
PADOHR
SCT
Membership
Volunteer
and
Business Opportunities
Join the Libertocracy Association
E-mail
Patents, Trademarks and Copyrights
1. Establishment
The FSUTO-FET Patent and Trademark Office is where records, books, drawings,
specifications, and other papers and things pertaining to patents and to trademark
registrations shall be kept and preserved, except as otherwise provided by the FSUTO-IGT
and the FET.
2. Authority
The FSUTO-FET Patent and Trademark Office does not issue patents, trademarks or
copyrights, that authority is left to the sovereign's governments, it only has the
authority to certify the validity of the originality of already existing patents,
trademarks and copyrights and to settle interferences between them.
(A) An application should be filed with the PTCO for a certification the validates and
declares the originality and exclusivity of an already existing patent, trademark or
copyright.
(B) When a certificate is issued the receiver is entitled to the exclusive monopoly over
one one's patented invention or trademark and has the privilege of calling their patent a
FSUTO-FET Certified Patent or a FSUTO-FET Certified Trademark.
(C) Certifications of copyrighted material is not necessary, though one may be obtained
and thereafter be referred to a FSUTO-FET Certified Copyright.
3. Contents and term of certified patent
Every certified patent shall grant to the patentee, one's heirs or assigns, for
the term of seventeen years, subject to the payment of fees, of the entitlement to exclude
others from making, using, or selling the invention throughout the FSUTO-FET Organization
or importing into FSUTO-FETO, products made by that process, referring to the
specification for the particulars thereof. A copy of the specification and drawings shall
be annexed to the patent and be a part thereof.
4. Term of certified design patent
Patents for designs shall be granted for the term of fourteen years.
5. Term of certified trademarks
Trademarks shall be certified for an indefinite period of time that will last as
long as the fees for the maintain of the trademark are paid.
Trademark fees shall be set be the Commissioner and may be adjusted by the Board of
Directers and or by the FETreaty.
6. Certified copyrights
(A) Copyrights do not have to be registered or certified and there is no fee for
maintenance.
(B) However it is possible to receive a copyright certification in order to insure greater
protection for one's copyrighted material, to receive this a registration and maintenance
fee will be required.
(C) Copyright fees shall be set be the Commissioner and may be adjusted by the Board of
Directers and or by the FETreaty.
(D) Term of certified copyrights
(aa) Copyrights last throughout the creators lifetime and may be extended by the
creators heirs or assigns who have the legal title to the copyrighted material for an
indefinite period of time that will last as long as the heirs or assigns hold the title.
(bb) The holder of the copyright, by allowing the public use of copyrighted material, will
constitute the abandonment of the copyright for all time.
7. Officers and employees
(A) There shall be in the Patent and Trademark Office a Commissioner of Patents
and Trademarks, a Deputy Commissioner, two Assistant Commissioners, and examiners. (B) The
Deputy Commissioner, or, in the event of a vacancy in that office, the Assistant
Commissioner senior in date of appointment shall fill the office of Commissioner during a
vacancy in that office until the Commissioner is appointed and takes office. (C) The
Commissioner of Patents and Trademarks, the Deputy Commissioner, and the Assistant
Commissioners shall be appointed by the Board of Directers of the FET Organization.
(D) The Directer of Commerce is authorized to fix the per annum rate of basic compensation
of each examiner in the PTC Office.
8. Restrictions on officers and employees as to interest in patents
Officers and employees of the Patent and Trademark Office shall be incapable,
during the period of their appointments and for one year thereafter, of applying for a
patent and of acquiring, directly or indirectly, except by inheritance or bequest, any
patent or any right or interest in any patent, issued or to be issued by the Office. In
patents applied for thereafter they shall not be entitled to any priority date earlier
than one year after the termination of their appointment.
9. Duties of Commissioner
(A) The Commissioner, under the direction of the Board of Directers shall
superintend or perform all duties required by law respecting the certification of patents
and the registration of trademarks; shall have the authority to carry on studies,
programs, or exchanges of items or services regarding domestic and intergovernmental
patent and trademark law or the administration of the Patent and Trademark Office; and
shall have charge of property belonging to the Patent and Trademark Office. The
Commissioner may, subject to the approval of the Board of Directers, establish
regulations, not inconsistent with the FET, for the conduct of proceedings in the Patent
and Trademark Office.
(B) The Commissioner, under the direction of the Board of Directers, may, in coordination
with the FSUTO-IGT Committee of Diplomacy, carry on programs and studies cooperatively
with sovereign patent offices and intergovernmental organizations, or may authorize such
programs and studies to be carried on, in connection with the performance of one's lawful
duties.
10. Board of Patent Appeals and Interferences
(A) The examiners-in-chief shall be persons of competent legal knowledge and
scientific ability, who shall be appointed to service by merit. The Commissioner, the
Deputy Commissioner, the Assistant Commissioners, and the examiners-in-chief shall
constitute the Board of Patent Appeals and Interferences.
(B) The Board of Patent Appeals and Interferences shall, on written appeal of an
applicant, review adverse decisions of examiners upon certifications for patents and shall
determine priority in interferences. Each appeal and interference shall be heard by at
least three members of the Board of Patent Appeals and Interferences, who shall be
designated by the Commissioner. Only the Board of Patent Appeals and Interferences has the
authority to grant rehearings.
(C) Whenever the Commissioner considers it necessary, in order to keep current the work of
the Board of Patent Appeals and Interferences, the Commissioner may designate any patent
examiner of the primary examiner grade or higher, having the requisite ability, to serve
as examiner-in-chief for periods not exceeding six months each. An examiner so designated
shall be qualified to act as a member of the Board of Patent Appeals and Interferences.
Not more than one of the members of the Board of Patent Appeals and Interferences hearing
an appeal or determining an interference may be an examiner so designated. The Board of
Directers is authorized to fix the pay of each designated examiner-in-chief in the Patent
and Trademark Office.
11. Library
The Commissioner shall maintain a library of scientific and other works and
periodicals in the Patent and Trademark Office to aid the officers in the discharge of
their duties.
12. Classification of patents
The Commissioner may revise and maintain the classification by subject matter of
Poliverian patents, and such other patents and printed publications as may be necessary or
practicable, for the purpose of determining with readiness and accuracy the certification
of inventions.
13. Certified copies of records
The Commissioner may furnish certified copies of specifications and drawings of
patents in the Patent and Trademark Office, and of other records available either to the
public or to a person.
14. Publications
(A) The Commissioner may print, or cause to be printed, the following:
(aa) Patents, including specifications and drawings, together with copies of the same. The
Patent and Trademark Office may print the headings of the drawings for patents for the
purpose of photolithography.
(bb) Certificates of trademark registrations, including statements and drawings, together
with copies of the same.
(cc) The Official Catalog of the Poliverian Patent, Trademark and Copyright Office.
(dd) Annual indexes of patents and patentees, and of trademarks and registrants.
(ee) Annual volumes of decisions in patent, trademark and copyright cases.
(ff) Pamphlet copies of the patent laws and rules of practice, laws and rules relating to
trademarks, and circulars or other publications relating to the business of the PTC
Office.
(gg) The Commissioner may create any other relevant publications desirable for the use by
the PTC Office.
15. Filing date and day for taking action
(A) The Commissioner may by rule prescribe that any paper or fee required to be
filed in the PTC Office will be considered filed in the Office on the date on which it was
deposited at the PTC Office except for interruptions or emergencies designated by the
Commissioner.
(B) When the day, or the last day, for taking any action or paying any fee in the PTC
Office falls on a day off, the action may be taken, or the fee paid, on the next
succeeding business day.
16. Testimony in Patent and Trademark Office cases
The Commissioner may establish rules for taking affidavits and depositions
required in cases in the PTC Office. Any officer authorized by law to take depositions to
be used in the Poliverian courts, or of the court jurisdiction where one resides, may take
such affidavits and depositions.
17. Subpoenas, witnesses
The clerk of any Poliverian court or the court jurisdiction wherein testimony is
to be taken for use in any contested case in the Patent and Trademark Office, shall, upon
the application of any party thereto, issue a subpoena for any witness residing or being
within such jurisdiction, commanding one to testify before an officer in such jurisdiction
authorized to take depositions and affidavits, at the time and place stated in the
subpoena. The provisions of the Poliverian Rules of Civil Procedure relating to the
compliance 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 expenses allowed to
witnesses testifying in the Poliverian courts.
A judge of a court whose clerk issued a subpoena may enforce obedience to the process or
punish disobedience as in other like cases, on proof that a witness, served with such
subpoena, neglected or refused to appear or to testify. No witness shall be deemed guilty
of contempt for disobeying such subpoena unless one's expenses in testifying are paid at
the time of the service of the subpoena; nor for refusing to disclose any secret matter
oneself except upon appropriate order of the court which issued the subpoena or
incriminate or prejudice oneself.
18. Declaration in lieu of oath
(A) The Commissioner may by rule prescribe that any document to be filed in the
PTC Office and which is required by any law, rule, or other regulation to be under oath
may be subscribed to by a written declaration in such form as the Commissioner may
prescribe, such declaration to be in lieu of the oath otherwise required.
(B) Whenever such written declaration is used, the document must warn the declarant that
willful false statements and the like are punishable by fine.
19. Patent fees
The Commissioner shall set the charge for all fees:
20. Patent and Trademark Office funding
(A) All fees for services performed by or materials furnished by the PTC Office
will be payable to the Commissioner.
(B) All fees paid to the Commissioner and all appropriations for defraying the costs of
the activities of the PTC Office will be credited to the PTC Office Appropriation Account
in the Treasury of Poliverium.
(C) Revenues from fees will be available to the Commissioner of Patents to carry out, to
the extent provided for in appropriation Acts, the activities of the PTC Office.
(D) The Commissioner may refund any fee paid by mistake or any amount paid in excess of
that required.
21. Examination of application
The Commissioner shall cause an examination to be made of the application and the
Patent; and if on such examination it appears that the applicant is entitled to a
certification under the treaty, the Commissioner shall issue a certification therefor.
22. Notice of rejection; reexamination
Whenever, on examination, any claim for a certification is rejected, or any
objection or requirement made, the Commissioner shall notify the applicant thereof,
stating the reasons for such rejection, or objection or requirement, together with such
information and references as may be useful in judging of the propriety of continuing the
prosecution of one's application; and if after receiving such notice, the applicant
persists in one's claim for a certification, with or without amendment, the application
shall be reexamined. No amendment shall introduce new matter into the disclosure of the
patent.
23. Time for prosecuting application
The applicant shall have a period of 6 months to respond to a rejected
application, the applicant may request an extension of up to 1 year to reapply. If the
applicant fails to notify the PTC Office in 6 month's time for a request for and extension
or after receiving an extension fails to reapply in 1 year's time the applicant will be
considered to have abandoned the application for a patent and all claims named in the
application for all time.
24. Appeal to the Board of Patent Appeals and Interferences
An applicant for a certification, any of whose claims has been twice rejected,
may appeal from the decision of the primary examiner to the Board of Patent Appeals and
Interferences, having once paid the fee for such appeal.
25. Interferences
Whenever an application is made for a certification which, in the opinion of the
Commissioner, would interfere with any pending application, or with any unexpired patent,
an interference may be declared and the Commissioner shall give notice of such declaration
to the applicants, or applicant and patentee, as the case may be. The Board of Patent
Appeals and Interferences shall determine questions of priority of the patents and may
determine questions of certification. Any final decision, if adverse to the claim of an
applicant, shall constitute the final refusal by the PTC Office of the claims involved,
and the Commissioner may issue a certification to the applicant who is adjudged the prior
patentee. A final judgment adverse to a patentee from which no appeal or other review has
been or can be taken or had shall constitute cancellation of the claims involved in the
patent, and notice of such cancellation shall be endorsed on copies of the patent
distributed after such cancellation by the PTC Office.
26. Appeal to Litigation Hearing
The applicant may only resort to a litigation hearing if the applicant has reason
to believe the one was treated unfairly by the PTC Office or that the PTC Office has
violated its own rules in procession one's application.
27. Issue of certification of patent
If it appears that applicant is entitled to a Certified Patent under Poliverian
law, a written notice of allowance of the application shall be given or mailed to the
applicant. The notice shall specify a sum, constituting the issue fee or a portion
thereof, which shall be paid within three months thereafter.
Upon payment of this sum the certified patent shall issue, but if payment is not timely
made, the application shall be regarded as abandoned.
Any remaining balance of the issue fee shall be paid within three months from the sending
of a notice thereof and, if not paid, the certified patent shall lapse at the termination
of this three-month period. In calculating the amount of a remaining balance, charges for
a page or less may be disregarded.
If any payment required by this section is not timely made, but is submitted with the fee
for delayed payment and the delay in payment is shown to have been unavoidable, it may be
accepted by the Commissioner as though no abandonment or lapse had ever occurred.
by Gregory Flanagan
Copyright © 1999 (4999) The Libertocracy© Association, FSUTO© and Gregory Flanagan. All rights reserved.