III 

111TH CONGRESS 

1ST SESSION H. R. 3114 

IN THE SENATE OF THE UNITED STATES 

JULY 8, 2009 

Received 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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HR 3114 RDS

1 SECTION 1. AUTHORITY OF PTO DIRECTOR TO USE TRADE2 MARK FUNDS. 

3 (a) AUTHORITY.— 

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

5 States Patent and Trademark Office— 

6 (A) may use funds made available for fis7 cal year 2009, pursuant to section 31 of the 

8 Trademark Act of 1946 (15 U.S.C. 1113), 

9 under the heading ‘‘Department of Com10 merce—United States Patent and Trademark 

11 Office—Salaries and Expenses’’ in title I of di12 vision B of the Omnibus Appropriations Act, 

13 2009 (Public Law 111–8), up to $70,000,000, 

14 to support the processing of patents and other 

15 activities, services, and materials relating to 

16 patents, notwithstanding section 42(c) of title 

17 35, United States Code; and 

18 (B) notwithstanding any other provision of 

19 law, shall, upon the exercise of the authority 

20 under subparagraph (A), establish a surcharge, 

21 in amounts up to $70,000,000, on patent fees 

22 in effect under title 35, United States Code, to 

23 repay any funds drawn down pursuant to sub24 paragraph (A), 

25 if the Director certifies in writing to the Congress 

26 that the use of the funds described in subparagraph 


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HR 3114 RDS

1 (A) is reasonably necessary to avoid furloughs or a 

2 reduction-in-force, or both, in the United States Pat3 ent and Trademark Office, and does not create a 

4 substantial risk of a furlough or reduction-in-force of 

5 personnel working in the Trademark Operation of 

6 the United States Patent and Trademark Office. 

7 (2) SURCHARGES DEPOSITED IN TREASURY.— 

8 All surcharges paid under paragraph (1)(B) shall be 

9 deposited in the Treasury as an offsetting receipt 

10 that shall not be available for obligation or expendi11 ture. 

12 (b) LIMITATIONS ON AUTHORITY.—The authority 

13 under subsection (a)(1)(A) shall terminate on June 30, 

14 2010. The surcharge established under subsection 

15 (a)(1)(B) shall take effect no later than September 30, 

16 2011, and all funds drawn down pursuant to subsection 

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

18 no later than September 30, 2014. 

19 (c) DEFINITIONS.—In this section: 

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

21 United States Patent and Trademark Office’’ and 

22 ‘‘Director’’ mean the Under Secretary of Commerce 

23 for Intellectual Property and Director of the United 

24 States Patent and Trademark Office. 


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HR 3114 RDS

1 (2) TRADEMARK ACT OF 1946.—The term 

2 ‘‘Trademark Act of 1946’’ means the Act entitled 

3 ‘‘An Act to provide for the registration and protec4 tion of trademarks used in commerce, to carry out 

5 the provisions of certain international conventions, 

6 and for other purposes’’, approved July 5, 1946 (15 

7 U.S.C. 1051 et seq.). 

Passed the House of Representatives July 7, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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