Remarkable!

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!

Regards,

Hal

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.” http://www.patentlyo.com/patent/2013/12/michelle-lee-director.html

 

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 http://www.laipla.net/commissioner-focarino-nominated-acting-under-secretary-michelle-lee/.  I, however, have quite the opposite reaction.  With two small caveats discussed […]



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