H. R. 3114 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the sixth day of January, two thousand and nine 

An Act 

To authorize the Director of the United States Patent and Trademark Office to 

use funds made available under the Trademark Act of 1946 for patent operations 

in order to avoid furloughs and reductions-in-force, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. AUTHORITY OF PTO DIRECTOR TO USE TRADEMARK 

FUNDS. 

(a) AUTHORITY.— 

(1) IN GENERAL.—The Director of the United States Patent 

and Trademark Office— 

(A) may use funds made available for fiscal year 2009, 

pursuant to section 31 of the Trademark Act of 1946 (15 

U.S.C. 1113), under the heading ‘‘Department of Commerce—United States Patent and Trademark Office—Salaries and Expenses’’ in title I of division B of the Omnibus 

Appropriations Act, 2009 (Public Law 111–8), up to 

$70,000,000, to support the processing of patents and other 

activities, services, and materials relating to patents, notwithstanding section 42(c) of title 35, United States Code; 

and 

(B) notwithstanding any other provision of law, shall, 

upon the exercise of the authority under subparagraph 

(A), establish a surcharge, in amounts up to $70,000,000, 

on patent fees in effect under title 35, United States Code, 

to repay any funds drawn down pursuant to subparagraph 

(A), 

if the Director certifies in writing to the Congress that the 

use of the funds described in subparagraph (A) is reasonably 

necessary to avoid furloughs or a reduction-in-force, or both, 

in the United States Patent and Trademark Office, and does 

not create a substantial risk of a furlough or reduction-inforce of personnel working in the Trademark Operation of the 

United States Patent and Trademark Office. 

(2) SURCHARGES DEPOSITED IN TREASURY.—All surcharges 

paid under paragraph (1)(B) shall be deposited in the Treasury 

as an offsetting receipt that shall not be available for obligation 

or expenditure. 

(b) LIMITATIONS ON AUTHORITY.—The authority under subsection (a)(1)(A) shall terminate on June 30, 2010. The surcharge 

established under subsection (a)(1)(B) shall take effect no later 

than September 30, 2011, and all funds drawn down pursuant 

to subsection (a)(1)(A) shall be repaid pursuant to subsection 

(a)(1)(B) no later than September 30, 2014. 
H. R. 3114—2 

(c) DEFINITIONS.—In this section: 

(1) DIRECTOR.—The terms ‘‘Director of the United States 

Patent and Trademark Office’’ and ‘‘Director’’ mean the Under 

Secretary of Commerce for Intellectual Property and Director 

of the United States Patent and Trademark Office. 

(2) TRADEMARK ACT OF 1946.—The term ‘‘Trademark Act 

of 1946’’ means the Act entitled ‘‘An Act to provide for the 

registration and protection of trademarks used in commerce, 

to carry out the provisions of certain international conventions, 

and for other purposes’’, approved July 5, 1946 (15 U.S.C. 

1051 et seq.). 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.