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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. AUTHORITY OF PTO DIRECTOR TO USE TRADE-
MARK FUNDS. 
(a) AUTHORITY.— 
(1) IN GENERAL.—The Director of the United 
States Patent and Trademark Office— 
(A) may use funds made available for fis-
cal year 2009, pursuant to section 31 of the 
Trademark Act of 1946 (15 U.S.C. 1113), 
under the heading ‘‘Department of Com-
merce—United States Patent and Trademark 
Office—Salaries and Expenses’’ in title I of di-
vision 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 sub-
paragraph (A), 
if the Director certifies in writing to the Congress 
that the use of the funds described in subparagraph 
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(A) is reasonably necessary to avoid furloughs or a 
reduction-in-force, or both, in the United States Pat-
ent and Trademark Office, and does not create a 
substantial risk of a furlough or reduction-in-force 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 expendi-
ture. 
(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. 
(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. 
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(2) TRADEMARK
ACT
OF
1946.—The term 
‘‘Trademark Act of 1946’’ means the Act entitled 
‘‘An Act to provide for the registration and protec-
tion 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.). 
Passed the House of Representatives July 7, 2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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