A bill to authorize appropriations for the Patent and Trademark Office in the Department of Commerce, and for other purposes.
PL 100-703 (H.R.4972), enacted 11/19/1988

102 STAT. 4674 
PUBLIC LAW 100-703—NOV. 19, 1988 
Public Law 100-703 
100th Congress 
An Act 
Nov. 19, 19oo 
-po authorize appropriations for the Patent and Trademark Office in the Department 
[H.R. 4972] 
of Commerce, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
TITLE I—PATENT AND TRADEMARK OFFICE 
AUTHORIZATIONS 
SECTION 101. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Patent and Trade-
mark Office— 
(1) for salaries and necessary expenses, $117,504,000 for fiscal 
year 1989, $125,210,000 for fiscal year 1990, and $111,984,000 for 
fiscal year 1991; and 
(2) such additional amounts as may be necessary for each such 
fiscal year for increases in salary, pay, retirement, and other 
employee benefits authorized by law. 
35 u s e 42 note. 
SEC. 102. APPROPRIATIONS AUTHORIZED TO BE CARRIED OVER. 
Amounts appropriated under this Act and such fees as may be 
collected under title 35, United States Code, and the Trademark Act 
of 1946 (15 U.S.C. 1051 and following) may remain available until 
expended. 
SEC. 103. OVERSIGHT OF AND ADJUSTMENTS TO TRADEMARK AND 
PATENT FEES. 
15 use 1113 
(a) TRADEMARK FEES.—The Commissioner of Patents and Trade-
note, 
marks may not, during fiscal years 1989, 1990, and 1991, increase 
fees established under section 31 of the Trademark Act of 1946 (15 
U.S.C. 1113) except for purposes of making adjustments which in the 
aggregate do not exceed fluctuations during the previous three years 
in the Consumer Price Index, as determined by the Secretary of 
Labor. The Commissioner also may not establish additional fees 
under such section during such fiscal years. 
35 use 41 note. 
(b) PATENT FEES.—The Commissioner of Patents and Trademarks 
may not, during fiscal years 1989, 1990, and 1991, increase fees 
established under section 41(d) of title 35, United States Code, except 
for purposes of making adjustments which in the aggregate do not 
exceed fluctuations during the previous three years in the Consumer 
Price Index, as determined by the Secretary of Labor. The Commis-
sioner also may not establish additional fees under such section 
during such fiscal years. 
35 use 14 note. 
(c) REPORT T
O CONGRESS.—The Secretary of Commerce shall, on 
the day on which the President submits the annual budget to the 
Congress, provide to the Committees on the Judiciary of tne Senate 
and the House of Representatives— 
(Da list of patent and trademark fee collections by the Patent 
and Trademark Office during the preceding fiscal year; 
(2) a list of activities of the Patent and Trademark Office 
during the preceding fiscal year which were supported by 
PUBLIC LAW 100-703—NOV. 19, 1988 
102 STAT. 4675 
patent fee expenditures, trademark fee expenditures, and 
appropriations; 
(3) budget plans for significant programs, projects, and activi-
ties of the Office, including out-year funding estimates; 
(4) any proposed disposition of surplus fees by the Office; and 
(5) such other information as the committees consider 
necessary. 
SEC. 104. PUBLIC ACCESS TO PATENT AND TRADEMARK OFFICE INFOR-
MATION. 
(a) REPEAL.—Section 4 of Public Law 99-607 (35 U.S.C. 41 note) is 
repealed. 
(b) MAINTENANCE OF COLLECTIONS.—The Commissioner of Patents 
35 USC 41 note, 
and Trademarks shall maintain, for use by the public, paper or 
microform collections of United States patents, foreign patent docu-
ments, and United States trademark registrations arranged to 
permit search for and retrieval of information. The Commissioner 
may not impose fees for use of such collections, or for use of public 
patent or trademark search rooms or libraries. Funds appropriated 
to the Patent and Trademark Office shall be used to maintain such 
collections, search rooms, and libraries. 
(c) FEES FOR ACCESS TO SEARCH SYSTEMS.—Subject to section 105(a), 35 use 4i note, 
the Commissioner of Patents and Trademarks may establish reason-
able fees for access by the public to automated search systems of the 
Patent and Trademark Office in accordance with section 41 of title 
35, United States Code, and section 31 of the Trademark Act of 1946 
(15 U.S.C. 1113). If such fees are established, a limited amount of 
free access shall be made available to all users of the systems for 
purposes of education and training. The Commissioner may waive 
the payment by an individual of fees authorized by this subsection 
upon a showing of need or hardship, and if such waiver is in the 
public interest. 
SEC. lOiS. FUNDING OF AUTOMATED DATA PROCESSING RESOURCES. 
(a) ALLOCATIONS.—Of amounts available to the Patent and Trade-
mark Office for automatic data processing resources for fiscal years 
1989, 1990, and 1991, not more than 30 percent of such amounts in 
each such fiscal year may be from fees collected under section 31 of 
the Trademark Act of 1946 (15 U.S.C. 1113) and section 41 of title 35, 
United States Code. The Commissioner of Patents and Trademarks 
shall notify the Committees on the Judiciary of the Senate and the 
House of Representatives of any proposed reprogrammings which 
would increase or decrease the amount of appropriations expended 
for automatic data processing resources. 
(b) USE OF REVENUES BY PATENT AND TRADEMARK OFFICE.—Except 
as otherwise specifically provided in this Act, Public Law 99-607, and 
section 42(c) of title 35, United States Code, the Patent and Trade-
mark Office is authorized to use appropriated or apportioned fee 
revenues for any of its operations or activities. 
SEC. 106. USE OF EXCHANGE AGREEMENTS RELATING TO AUTOMATIC 
35 USC 6 note 
DATA PROCESSING RESOURCES PROHIBITED. 
The Commissioner of Patents and Trademarks may not, during 
fiscal years 1989, 1990, and 1991, enter into any agreement for the 
exchange of items or services (as authorized under section 6(a) of 
title 35, United States Code) relating to automatic data processing 
resources (including hardware, software and related services, and 
102 STAT. 4676 
PUBLIC LAW 100-703—NOV. 19, 1988 
machine readable data), and the Commissioner may not, on or after 
the date of the enactment of this Act, continue existing agreements 
for the exchange of such items or services. The preceding sentence 
shall not apply to an agreement relating to data for automation 
programs which is entered into with a foreign government or with 
an international intergovernmental organization. 
TITLE II—PATENT MISUSE REFORM 
SEC. 201. PERMISSIBLE ACTS BY PATENT OWNER. 
Section 271(d) of title 35, United States Code, is amended by 
striking out the period at the end thereof and inserting in lieu 
thereof the following: "; (4) refused to license or use any rights to the 
patent; or (5) conditioned the license of any rights to the patent or 
the sale of the patented product on the acquisition of a license to 
rights in another patent or purchase of a separate product, unless, in 
view of the circumstances, the patent owner has market power in the 
relevant market for the patent or patented product on which the 
license or sale is conditioned.". 
35 u s e 271 note. 
SEC. 202. EFFECTIVE DATE. 
\ 
The amendment made by this title shall apply only to cases filed 
on or after the date of the enactment of this Act. 
Approved November 19, 1988. 
LEGISLATIVE HISTORY—H.R. 4972: 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Oct. 5, considered and passed House. 
Oct. 14, considered and passed Senate, amended. 
Oct. 20, House concurred in Senate amendment with an amendment. 
Oct. 21, Senate concurred in House amendment. 
o