Earl Warren

“ To remedy these abuses, the Commissioner of Patents in 1899 first required registration of persons practicing before the Patent Office [16] and, in 1918, required practitioners to obtain his prior approval of all advertising material which they distributed. [17] It was to reach these same evils that § 31 was given much its present form when, in 1922, the statute was amended to expressly authorize the Commissioner to prescribe regulations for the recognition of agents and attorneys. ”

“ One register is for attorneys at law, 37 CFR § 1.341 (a) , and the other is for nonlawyer 'agents.' 37 CFR § 1.341 (b) . A person may be admitted under either category only by establishing 'that he is of good moral character and of good repute and possessed of the legal and scientific and technical qualifications necessary to enable him to render applicants for patents valuable service, and is otherwise competent to advise and assist them in the presentation and prosecution of their applications before the Patent Office.' 37 CFR § 1.341 (c) . ”

“ A State may not enforce licensing requirements which, though valid in the absence of federal regulation, give 'the State's licensing board a virtual power of review over the federal determination' that a person or agency is qualified and entitled to perform certain functions, [4] or which impose upon the performance of activity sanctioned by federal license additional conditions not contemplated by Congress. [5] 'No State law can hinder or obstruct the free use of a license granted under an act of Congress.' Pennsylvania v. ”

“ On the other hand, the State is primarily concerned with protecting its citizens from unskilled and unethical practitioners, [45] interests which, as we have seen, the Patent Office now safeguards by testing applicants for registration, and by insisting on the maintenance of high standards of integrity. ”

“ But any possible uncertainty as to the intended meaning of the Commissioner must be dispelled by the fact that when the present regulations were amended in 1948, [6] it was first proposed to add a provision similar to that appearing in the trademark regulations. [7] After objection had been leveled against the revision on the ground that it 'indicated that the office thinks that the states have the power to circumscribe and limit the rights of patent attorneys who are not lawyers,' [8] the more sweeping language was deleted and the wording modified to its present form. ”

“ The authority of Congress is no less when the state power which it displaces would otherwise have been exercised by the state judiciary rather than by the state legislature. Cf. Pennsylvania R. Co. v. Public Service Comm., 250 U.S. 566, 40 S.Ct. 36, 64 L.Ed. 1142. Finally, § 31 contains sufficient standards to guide the Patent Office in its admissions policy to avoid the criticism that Congress has improperly delegated its powers to the administrative agency. ”

“ Number one is the lay practitioners before the various agencies, chiefly the Interstate Commerce Commission, who are afraid something might be said that would oust them from practice. On the other hand, there is a great deal of protest from the committees on unauthorized practice of the law in various State, local, and municipal bar associations who are just as vehement in saying that these measures fail to recognize that legal procedure must be confined to lawyers. ”

“ Moreover, although a concentration of patent practitioners developed in Washington, D.C., the regulations have provided since the reorganization of the Patent Office in 1836 that personal attendance in Washington is unnecessary and that business with the Office should be transacted in writing. [12] The bulk of practitioners are now scattered throughout the country, and have been so distributed for many years. ”

“ It is believed that this requirement would be two severe, as many persons not specially trained in the law and without any particular educational advantages may by careful study of the practice and of the useful arts learn adequately to prosecute applications. ”

“ Florida
Argued: March 25, 1963. --- Decided: May 27, 1963
Petitioner is a practitioner registered to practice before the United States Patent Office. He has not been admitted to practice law before the Florida or any other bar. ”

“ Names and Addresses of Attorneys Practicing Before the U.S. Patent Office (1883) ; Testimony of T. E. Robertson, Commissioner of Patents, Hearings before House Committee on Patents on H.R. 699, 71st Cong., 2d Sess. 12. Commencing in 1848, the Commissioner for many years informed inventors that ' (i) f the services of Patent Agents are desired, able and competent persons engaged in that business can be found at their offices in this city, and in other cities.' Information to Persons Having Business to Transact at the Patent Office, Patent Agents or Attorneys (1848) . ”