Innovation Protection Act

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Innovation Protection Act''.

SEC. 2. PATENT AND TRADEMARK OFFICE FUNDING.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Under 
        Secretary of Commerce for Intellectual Property and Director of 
        the United States Patent and Trademark Office.
            (2) Fund.--The term ``Fund'' means the United States Patent 
        and Trademark Office Public Enterprise Revolving fund 
        established under subsection (c).
            (3) Office.--The term ``Office'' means the United States 
        Patent and Trademark Office.
            (4) 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.) (commonly referred to as the ``Trademark Act of 1946'' 
        or the ``Lanham Act'').
    (b) Funding.--
            (1) In general.--Section 42 of title 35, United States 
        Code, is amended--
                    (A) in subsection (b), by striking ``Patent and 
                Trademark Office Appropriation Account'' and inserting 
                ``United States Patent and Trademark Office Public 
                Enterprise Fund''; and
                    (B) in subsection (c)--
                            (i) in paragraph (1)--
                                    (I) in the first sentence, by 
                                striking ``To the extent'' and all that 
                                follows through ``fees'' and inserting 
                                ``Fees''; and
                                    (II) by striking ``shall be 
                                collected by and shall, subject to 
                                paragraph (3), be available to the 
                                Director'' and inserting ``shall be 
                                collected by, and shall be available 
                                to, the Director until expended''; and
                            (ii) by striking paragraph (2) and 
                        redesignating paragraph (3) as paragraph (2).
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the first day of the first fiscal year 
        that begins on or after the date of the enactment of this Act.
    (c) USPTO Revolving Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a revolving fund to be known as the ``United 
        States Patent and Trademark Office Public Enterprise Fund''. 
        Any amounts in the Fund shall be available for use by the 
        Director without fiscal year limitation.
            (2) Derivation of resources.--
                    (A) In general.--There shall be deposited into the 
                Fund on and after the effective date set forth in 
                subsection (b)(2)--
                            (i) any fees collected under title 35, 
                        United States Code; and
                            (ii) any fees collected under the Trademark 
                        Act of 1946 (15 U.S.C. 1051 et seq.).
                    (B) Remaining balances.--There shall be deposited 
                in the Fund, on the effective date set forth in 
                subsection (b)(2), any unobligated balances remaining 
                in the Patent and Trademark Office Appropriation 
                Account, and in the Patent and Trademark Fee Reserve 
                Fund established under section 42(b)(2) of title 31, 
                United States Code, as in effect on the day before such 
                effective date. Upon the payment of all obligated 
                amounts in the Patent and Trademark Fee Reserve Fund, 
                the Patent and Trademark Fee Reserve Fund shall be 
                terminated.
            (3) Expenses.--Amounts deposited into the Fund under 
        paragraph (2) shall be available, without fiscal year 
        limitation, to cover--
                    (A) all expenses, to the extent consistent with the 
                limitation on the use of fees set forth in section 
                42(c) of title 35, United States Code, including all 
                administrative and operating expenses, determined in 
                the discretion of the Director to be ordinary and 
                reasonable, incurred by the Director for the continued 
                operation of all services, programs, activities, and 
                duties of the Office relating to patents and 
                trademarks, as such services, programs, activities, and 
                duties are described under--
                            (i) title 35, United States Code; and
                            (ii) the Trademark Act of 1946; and
                    (B) all expenses incurred pursuant to any 
                obligation, representation, or other commitment of the 
                Office.
    (d) Annual Report and Operation Plan.--Not later than 60 days after 
the end of each fiscal year, the Director shall submit to Congress a 
report that--
            (1) summarizes the operations of the Office for the 
        preceding fiscal year, including financial details and staff 
        levels broken down by each major activity of the Office;
            (2) describes the long term modernization plans of the 
        Office;
            (3) sets forth details of any progress towards such 
        modernization plans made in the preceding fiscal year; and
            (4) includes the results of the most recent audit carried 
        out under subsection (f).
    (e) Annual Spending Plan.--
            (1) In general.--Not later than 30 days after the beginning 
        of each fiscal year, the Director shall notify the Committee on 
        Appropriations of the House of Representatives and the 
        Committee on Appropriations of the Senate of the plan for the 
        obligation and expenditure by the Office of the total amount of 
        the funds for that fiscal year in accordance with section 605 
        of the Science, State, Justice, Commerce, and Related Agencies 
        Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2334).
            (2) Contents.--Each plan under paragraph (1) shall--
                    (A) summarize the operations of the Office for the 
                current fiscal year, including financial details and 
                staff levels with respect to major activities; and
                    (B) detail the operating plan of the Office, 
                including specific expense and staff needs, for the 
                current fiscal year.
    (f) Audit.--The Director shall, on an annual basis, provide for an 
independent audit of the financial statements of the Office. Such audit 
shall be conducted in accordance with generally accepted accounting 
principles.
    (g) Budget.--The Fund shall prepare and submit each year to the 
President a business-type budget in such manner, and before such date, 
as the President prescribes by regulation.

Summary: Innovation Protection Act - Establishes in the Treasury the United States Patent and Trademark Office Public Enterprise Fund (Public Enterprise Fund) to be used as a revolving fund by the Director of the U.S. Patent and Trademark Office (USPTO) without fiscal year limitation.  Requires to be credited to or deposited in the Public Enterprise Fund: (1) appropriations for defraying the costs of USPTO activities; (2) fees collected under federal patent and trademark laws; and (3) any unobligated balances remaining in the Patent and Trademark Office Appropriation Account and in the Patent and Trademark Fee Reserve Fund. (Thus, replaces the Patent and Trademark Office Appropriation Account, eliminates the Patent and Trademark Fee Reserve Fund, and provides a source of permanent funding for the USPTO.) Requires fees collected by the Director to remain available to the Director until expended.  Makes the Public Enterprise Fund available to cover: (1) ordinary and reasonable administrative, operating, and other expenses incurred by the Director for the continued operation of USPTO services, programs, activities, and duties relating to patents and trademarks; and (2) expenses incurred pursuant to obligations, representations, or other commitments of the USPTO.  Requires the Director, on an annual basis, to: (1) report to Congress with operation and spending plans, including financial details and staff levels broken down by each major activity; (2) provide for an independent audit of USPTO financial statements; and (3) submit a budget to the President.