According to Professor Crouch, Commerce Department defends its appointment of the new Acting Under Secretary on the basis that the nomination was made by a Commissioner who has no statutory authority to make such a nomination.

So bizarre, so bizarre!



From Professor Crouch on PatentlyO today“[T]he statute requires that a Deputy Director be appointed by the Secretary of Commerce ‘upon nomination by the [USPTO] Director.’ 35 U.S.C. § 3. Because there is no Director, there could be no such nomination. *** USPTO’s chief communications officer Todd Elmer clarified to me that PTO’s Commissioner of Patents Peggy Focarino apparently nominated Michelle Lee ***. Since Focarino has been handling all the duties of the director, then the PTO has reasoned that Focarino has the power to nominate under the statute.”


One Response to Commissioner Focarino Nominated Acting Under Secretary Michelle Lee

  1. […] by a “Commissioner who has no statutory authority to make such a nomination.”  See  I, however, have quite the opposite reaction.  With two small caveats discussed […]

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