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United States Code (Last Updated: May 24, 2014) |
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Title 35. PATENTS |
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Part I. UNITED STATES PATENT AND TRADEMARK OFFICE |
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Chapter 4. PATENT FEES; FUNDING; SEARCH SYSTEMS |
§ 42. Patent and Trademark Office funding
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(a) All fees for services performed by or materials furnished by the Patent and Trademark Office will be payable to the Director. (b) All fees paid to the Director and all appropriations for defraying the costs of the activities of the Patent and Trademark Office will be credited to the Patent and Trademark Office Appropriation Account in the Treasury of the United States. (c) (1) To the extent and in the amounts provided in advance in appropriations Acts, fees authorized in this title or any other Act to be charged or established by the Director shall be collected by and shall, subject to paragraph (3), be available to the Director to carry out the activities of the Patent and Trademark Office. (2) There is established in the Treasury a Patent and Trademark Fee Reserve Fund. If fee collections by the Patent and Trademark Office for a fiscal year exceed the amount appropriated to the Office for that fiscal year, fees collected in excess of the appropriated amount shall be deposited in the Patent and Trademark Fee Reserve Fund. To the extent and in the amounts provided in appropriations Acts, amounts in the Fund shall be made available until expended only for obligation and expenditure by the Office in accordance with paragraph (3). (3) (A) Any fees that are collected under this title, and any surcharges on such fees, may only be used for expenses of the Office relating to the processing of patent applications and for other activities, services, and materials relating to patents and to cover a proportionate share of the administrative costs of the Office. (B) Any fees that are collected under section 31 of the Trademark Act of 1946, and any surcharges on such fees, may only be used for expenses of the Office relating to the processing of trademark registrations and for other activities, services, and materials relating to trademarks and to cover a proportionate share of the administrative costs of the Office. (d) The Director may refund any fee paid by mistake or any amount paid in excess of that required. (e) The Secretary of Commerce shall, on the day each year on which the President submits the annual budget to the Congress, provide to the Committees on the Judiciary of the Senate and the House of Representatives— (1) a 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 patent fee expenditures, trademark fee expenditures, and appropriations; (3) budget plans for significant programs, projects, and activities 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.
Historical And Revision
Based on Title 35, U.S.C., 1946 ed., § 79 (Mar. 6, 1920, ch. 94, § 1 (part), 41 Stat. 503, 512).
Language has been changed.
References In Text
Section 31 of the Trademark Act of 1946, referred to in subsec. (c)(3)(B), is classified to section 1113 of Title 15, Commerce and Trade.
Amendments
2013—Subsec. (c)(3)(A). Pub. L. 112–274, § 1(j)(1), substituted “this title,” for “sections 41, 42, and 376,” and “a proportionate share of the administrative costs of the Office” for “a share of the administrative costs of the Office relating to patents”.
Subsec. (c)(3)(B). Pub. L. 112–274, § 1(j)(2), substituted “a proportionate share of the administrative costs of the Office” for “a share of the administrative costs of the Office relating to trademarks”.
2011—Subsec. (c). Pub. L. 112–29 designated existing provisions as par. (1), substituted “shall, subject to paragraph (3), be available” for “shall be available”, struck out at end “All fees available to the Director under section 31 of the Trademark Act of 1946 shall be used only for the processing of trademark registrations and for other activities, services, and materials relating to trademarks and to cover a proportionate share of the administrative costs of the Patent and Trademark Office.”, and added pars. (2) and (3).
2002—Subsecs. (a), (b). Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below.
1999—Subsecs. (a), (b). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”.
Subsec. (c). Pub. L. 106–113 substituted “Director” for “Commissioner” wherever appearing and, in second sentence, substituted “All fees available” for “Fees available” and “shall be used” for “may be used”.
Subsec. (d). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], substituted “Director” for “Commissioner”.
1998—Subsec. (c). Pub. L. 105–358 substituted first sentence for former first sentence which read as follows: “Revenues from fees shall be available to the Commissioner to carry out, to the extent provided in appropriation Acts, the activities of the Patent and Trademark Office.”
1991—Subsec. (c). Pub. L. 102–204, § 5(e), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Revenues from fees will be available to the Commissioner of Patents to carry out, to the extent provided for in appropriation Acts, the activities of the Patent and Trademark Office. Fees available to the Commissioner under section 31 of the Trademark Act of 1946, as amended (15 U.S.C. 1113), shall be used exclusively for the processing of trademark registrations and for other services and materials related to trademarks.”
Subsec. (e). Pub. L. 102–204, § 4, added subsec. (e).
1982—Subsec. (b). Pub. L. 97–258 struck out “, the provisions of section 725e of title 31, United States Code, notwithstanding” after “United States”.
Subsec. (c). Pub. L. 97–247 inserted provision that fees available to the Commissioner under section 31 of the Trademark Act of 1946, as amended (15 U.S.C. 1113), be used exclusively for the processing of trademark registrations and for other services and materials related to trademarks.
1980—Pub. L. 96–517 designated existing provision relating to payment of patent fees as subsec. (a) and struck out provision that, except as provided in sections 361(b) and 376(b) of this title, the Commissioner deposit fees paid in the Treasury of the United States in such manner as directed by the Secretary of the Treasury, designated existing provision relating to return of excess amounts paid as subsec. (d), and added subsecs. (b) and (c).
1975—Pub. L. 94–131 inserted “, except as provided in sections 361(b) and 376(b) of this title,”.
Effective Date Of Amendment
Amendment by Pub. L. 112–274 effective
Pub. L. 112–29, § 22(b),
Amendment by section 1000(a)(9) [title IV, § 4732(a)(10)(A)] of Pub. L. 106–113 effective 4 months after
Amendment by Pub. L. 105–358 effective
Amendment by Pub. L. 97–247 effective
Amendment by Pub. L. 96–517 effective on first day of first fiscal year beginning on or after one calendar year after
Amendment by Pub. L. 94–131 effective
Miscellaneous
Pub. L. 107–273, div. C, title III, § 13102,
Pub. L. 100–703, title I, § 102,
Similar provisions were contained in the following prior authorization act:
Pub. L. 99–607, § 2,