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.

Bill: 111-hr-3114
Sponsor: Rep. Conyers, John, Jr. [D-MI-14]
Introduced: 2009-07-07 in the House
Policy area: Commerce
Subjects: Congressional oversight
Department of Commerce
Executive agency funding and structure
Government employee pay, benefits, personnel management
Intellectual property
User charges and fees

Summary:
action_date: 2009-07-07
text: 
Authorizes the Director of the United States Patent and Trademark Office (USPTO) to use funds made available for FY2009 under the Omnibus Appropriations Act, 2009 to support the processing of patents and other activities, services, and materials relating to patents, notwithstanding provisions restricting the use of such fees to activities relating trademark registrations, provided the Director certifies to Congress that the use of such funds is reasonably necessary to avoid USPTO furloughs or a reduction-in-force, or both, and does not create a substantial risk of a furlough or reduction-in-force of personnel working in the Trademark Operation of the USPTO.
 
Requires the Director, on the exercise of that authority and notwithstanding any other law, to establish a surcharge on patent fees to repay any funds drawn down. 
 
Terminates such authority on June 30, 2010. Requires: (1) the surcharge to begin no later than September 30, 2011; and (2) the funds so used to be repaid to trademark operations not later than September 30, 2014.

action_date: 2009-07-07
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

 
Authorizes the Director of the United States Patent and Trademark Office (USPTO) to use funds made available for FY2009 under the Omnibus Appropriations Act, 2009 to support the processing of patents and other activities, services, and materials relating to patents, notwithstanding provisions restricting the use of such fees to activities relating trademark registrations, provided the Director certifies to Congress that the use of such funds is reasonably necessary to avoid USPTO furloughs or a reduction-in-force, or both, and does not create a substantial risk of a furlough or reduction-in-force of personnel working in the Trademark Operation of the USPTO.
 
Requires the Director, on the exercise of that authority and notwithstanding any other law, to establish a surcharge on patent fees to repay any funds drawn down. 
 
Terminates such authority on June 30, 2010. Requires: (1) the surcharge to begin no later than September 30, 2011; and (2) the funds so used to be repaid to trademark operations not later than September 30, 2014.

action_date: 2009-07-16
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

 
Authorizes the Director of the United States Patent and Trademark Office (USPTO) to use funds made available for FY2009 under the Omnibus Appropriations Act, 2009 to support the processing of patents and other activities, services, and materials relating to patents, notwithstanding provisions restricting the use of such fees to activities relating trademark registrations, provided the Director certifies to Congress that the use of such funds is reasonably necessary to avoid USPTO furloughs or a reduction-in-force, or both, and does not create a substantial risk of a furlough or reduction-in-force of personnel working in the Trademark Operation of the USPTO.
 
Requires the Director, on the exercise of that authority and notwithstanding any other law, to establish a surcharge on patent fees to repay any funds drawn down. 
 
Terminates such authority on June 30, 2010. Requires: (1) the surcharge to begin no later than September 30, 2011; and (2) the funds so used to be repaid to trademark operations not later than September 30, 2014.

action_date: 2009-08-07
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

 
Authorizes the Director of the United States Patent and Trademark Office (USPTO) to use funds made available for FY2009 under the Omnibus Appropriations Act, 2009 to support the processing of patents and other activities, services, and materials relating to patents, notwithstanding provisions restricting the use of such fees to activities relating trademark registrations, provided the Director certifies to Congress that the use of such funds is reasonably necessary to avoid USPTO furloughs or a reduction-in-force, or both, and does not create a substantial risk of a furlough or reduction-in-force of personnel working in the Trademark Operation of the USPTO.
 
Requires the Director, on the exercise of that authority and notwithstanding any other law, to establish a surcharge on patent fees to repay any funds drawn down. 
 
Terminates such authority on June 30, 2010. Requires: (1) the surcharge to begin no later than September 30, 2011; and (2) the funds so used to be repaid to trademark operations not later than September 30, 2014.


Legislative actions:
action_date: 2009-08-07
text: Became Public Law No: 111-45.
action_date: 2009-08-07
text: Became Public Law No: 111-45.
action_date: 2009-08-07
text: Signed by President.
action_date: 2009-08-07
text: Signed by President.
action_date: 2009-07-27
text: Presented to President.
action_date: 2009-07-27
text: Presented to President.
action_date: 2009-07-20
text: Message on Senate action sent to the House.
action_date: 2009-07-16
text: Cleared for White House.
action_date: 2009-07-16
text: Passed Senate without amendment by Unanimous Consent. (consideration: CR S7664)
action_date: 2009-07-16
text: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S7664)
action_date: 2009-07-08
text: Received in the Senate, read twice.
action_date: 2009-07-07
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2009-07-07
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H7723)
action_date: 2009-07-07
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H7723)
action_date: 2009-07-07
text: Considered as unfinished business. (consideration: CR H7725)
action_date: 2009-07-07
text: At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Poe (TX) objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
action_date: 2009-07-07
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 3114.
action_date: 2009-07-07
text: Considered under suspension of the rules. (consideration: CR H7723-7724)
action_date: 2009-07-07
text: Mr. Johnson (GA) moved to suspend the rules and pass the bill.
action_date: 2009-07-07
text: Referred to the House Committee on the Judiciary.
action_date: 2009-07-07
text: Introduced in House
action_date: 2009-07-07
text: Introduced in House

Enacted as: number: 111-45