B-151540, JUNE 7, 1963, 42 COMP. GEN. 673

B-151540, JUNE 7, 1963, 42 COMP. GEN. 673

OFFICERS AND EMPLOYEES - TRAINING - PRIVATE PERSONS THE ACCEPTANCE OF A LIMITED NUMBER OF PRIVATE PERSONS TO ATTEND, ON A FEE BASIS, THE TRAINING COURSES CONDUCTED FOR GOVERNMENT EMPLOYEE PATENT EXAMINERS AT THE PATENT ACADEMY IS PERMITTED ON THE BASIS THAT SUCH ATTENDANCE IS INCIDENTAL TO THE NECESSARY AND AUTHORIZED TRAINING OF GOVERNMENT EMPLOYEES AND PROVIDED THAT THE ATTENDANCE FEES FROM THE NON- GOVERNMENT TRAINEES ARE DEPOSITED IN THE TREASURY AS MISCELLANEOUS RECEIPTS.

TO THE SECRETARY OF COMMERCE, JUNE 7, 1963:

ON MAY 14, 1963, YOU REQUESTED OUR DECISION CONCERNING THE AUTHORITY OF THE PATENT OFFICE ACADEMY TO PROVIDE TRAINING UPON A FEE BASIS TO A LIMITED NUMBER OF PRIVATE PERSONS WHO WOULD BE PERMITTED TO ATTEND CERTAIN COURSES CONDUCTED AT THE ACADEMY.

THE PATENT OFFICE ACADEMY WAS ESTABLISHED FOR THE PURPOSE OF TRAINING JUNIOR PATENT EXAMINERS EMPLOYED BY THE PATENT OFFICE AND THE COURSES IN QUESTION ARE DESIGNED TO PROVIDE A COMPREHENSIVE COVERAGE IN PATENT EXAMINATION PRACTICES AND PROCEDURES. YOU SAY THAT ONCE THE BACKLOG OF NEW EXAMINERS NOW AWAITING TRAINING HAS BEEN REDUCED, ACCOMMODATIONS AT THE ACADEMY WILL BE AVAILABLE FOR THE TRAINING OF A LIMITED NUMBER OF PRIVATE PERSONS. WE UNDERSTAND THAT THE NUMBER OF PRIVATE PERSONS ATTENDING A COURSE WILL BE LIMITED TO THE NUMBER THAT CAN BE ACCOMMODATED IN THE FACILITIES AVAILABLE AND TRAINED BY THE REGULAR STAFF. IN NO EVENT WOULD THE NUMBER OF PRIVATE PERSONS AMOUNT TO AS MUCH AS 20 PERCENT OF THE TOTAL NUMBER OF PARTICIPANTS IN ANY SUCH COURSE OF TRAINING. YOU SAY ALSO THAT THE FORESEEABLE ADDITIONAL EXPENSE TRAINING NON-GOVERNMENT PERSONNEL, WHICH WOULD CONSIST SOLELY OF THE COST OF CERTAIN "HAND-OUT MATERIAL" WOULD BE NOMINAL.

ON THE OTHER HAND, YOU SAY THAT THE TRAINING OF PRIVATE PERSONS WILL BENEFIT THE PATENT OFFICE IN TWO MAJOR RESPECTS. FIRST, THE TRAINING IS EXPECTED TO IMPROVE THE QUALITY OF APPLICATIONS FOR PATENTS THAT ARE FILED WITH THE PATENT OFFICE WHICH IN TURN WILL FACILITATE THE PATENT EXAMINATION PROCESS AND RENDER IT LESS COSTLY. SECOND, THE TRAINING OF NON-GOVERNMENT PERSONNEL IS EXPECTED TO REDUCE THE DEMAND OF PRIVATE INDUSTRY FOR PATENT OFFICE EMPLOYEES RESULTING FROM THE SHORTAGE OF WELL- TRAINED PATENT EXAMINERS OUTSIDE OF GOVERNMENT AND TO LESSEN THE TURNOVER OF PATENT EXAMINERS.

FINALLY, YOU SAY THAT AN APPROPRIATE WAIVER OF LIABILITY WOULD BE REQUIRED OF EACH NON-GOVERNMENT TRAINEE ATTENDING AT THE ACADEMY IN ORDER TO PROTECT THE GOVERNMENT AGAINST CLAIMS FOR DAMAGES OR INJURY DUE TO ALLEGED TORT ON THE PART OF THE GOVERNMENT.

THE PRIMARY QUESTION IS ONE INVOLVING THE PROPRIETY OF ACCEPTING A LIMITED NUMBER OF PRIVATE PERSONS AT COURSES OF TRAINING AT THE PATENT ACADEMY WHICH ARE DESIGNED AND CONDUCTED TO PROVIDE NECESSARY AND AUTHORIZED TRAINING IN PATENT EXAMINATION TO JUNIOR PATENT EXAMINERS EMPLOYED BY THE PATENT OFFICE. NEITHER THE GOVERNMENT EMPLOYEES' TRAINING ACT, 5 U.S.C. 2301, ET SEQ., NOR ANY OTHER STATUTORY AUTHORITY OF WHICH WE ARE AWARE AUTHORIZES THE TRAINING OF NON GOVERNMENT PERSONNEL AND IF THE COURSES OF TRAINING ARE DESIGNED AND CONDUCTED EXCLUSIVELY OR PRIMARILY FOR THE TRAINING OF PRIVATE PERSONS, A SPECIFIC GRANT OF STATUTORY AUTHORITY TO CONDUCT SUCH TRAINING COURSES WOULD BE REQUIRED. HOWEVER, SUCH IS NOT THE CASE HERE. THE ATTENDANCE OF PRIVATE PERSONS MERELY WOULD BE INCIDENTAL TO THE NECESSARY AND AUTHORIZED TRAINING OF GOVERNMENT EMPLOYEES.

UNDER THE CIRCUMSTANCES OUTLINED IN YOUR LETTER, WE WILL INTERPOSE NO OBJECTION TO YOUR ALLOWING A LIMITED NUMBER OF PRIVATE PERSONS TO ATTEND THE PATENT ACADEMY, IT BEING UNDERSTOOD THAT THE PRIVATE TRAINEES WILL BE ACCEPTED ONLY AFTER ADEQUATE PROVISION HAS BEEN MADE FOR ALL GOVERNMENT TRAINEES AND THAT THE ATTENDANCE FEES COLLECTED FROM ALL NON-GOVERNMENT TRAINEES WILL BE DEPOSITED IN THE TREASURY AS MISCELLANEOUS RECEIPTS IN ACCORDANCE WITH 31 U.S.C. 484.