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.
PL 111-45 (H.R.3114), enacted 08/07/2009

123 STAT. 1968 
PUBLIC LAW 111–45—AUG. 7, 2009 
Public Law 111–45 
111th Congress 
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 Com-
merce—United States Patent and Trademark Office—Sala-
ries 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, not-
withstanding 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-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 expenditure. 
(b) LIMITATIONS
ON AUTHORITY.—The authority under sub-
section (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. 
Termination 
date. 
Deadlines. 
Certification. 
35 USC 41 note. 
Aug. 7, 2009 
[H.R. 3114] 
VerDate Nov 24 2008 
08:02 Sep 19, 2011
Jkt 079194
PO 00000
Frm 00512
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2009\79194PT2.001
MCNODE
jbender on DSKFWWRZC1 with $$_JOB
123 STAT. 1969 
PUBLIC LAW 111–45—AUG. 7, 2009 
LEGISLATIVE HISTORY—H.R. 3114 (S. 1358): 
CONGRESSIONAL RECORD, Vol. 155 (2009): 
July 7, considered and passed House. 
July 16, considered and passed Senate. 
(c) DEFINITIONS.—In this section: 
(1) DIRECTOR.—The terms ‘‘Director of the United States 
Patent and Trademark Office’’ and ‘‘Director’’ mean the Under 
Secretary of Commerce for Intellectual Property and Director 
of the United States Patent and Trademark Office. 
(2) TRADEMARK ACT OF 1946.—The term ‘‘Trademark Act 
of 1946’’ means the Act entitled ‘‘An Act to provide for the 
registration and protection of trademarks used in commerce, 
to carry out the provisions of certain international conventions, 
and for other purposes’’, approved July 5, 1946 (15 U.S.C. 
1051 et seq.). 
Approved August 7, 2009. 
VerDate Nov 24 2008 
08:02 Sep 19, 2011
Jkt 079194
PO 00000
Frm 00513
Fmt 6580
Sfmt 6580
G:\GSDD\STATUTES\2009\79194PT2.001
MCNODE
jbender on DSKFWWRZC1 with $$_JOB