§ 42. — Patent and Trademark Office funding.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC42]
TITLE 35--PATENTS
PART I--UNITED STATES PATENT AND TRADEMARK OFFICE
CHAPTER 4--PATENT FEES; FUNDING; SEARCH SYSTEMS
Sec. 42. Patent and Trademark Office funding
(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) 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 be available to the Director to carry out the activities of the
Patent and Trademark Office. 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.
(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.
(July 19, 1952, ch. 950, 66 Stat. 796; Pub. L. 94-131, Sec. 4, Nov. 14,
1975, 89 Stat. 690; Pub. L. 96-517, Sec. 3, Dec. 12, 1980, 94 Stat.
3018; Pub. L. 97-247, Sec. 3(g), Aug. 27, 1982, 96 Stat. 319; Pub. L.
97-258, Sec. 3(i), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 102-204,
Secs. 4, 5(e), Dec. 10, 1991, 105 Stat. 1637, 1640; Pub. L. 105-358,
Sec. 4, Nov. 10, 1998, 112 Stat. 3274; Pub. L. 106-113, div. B,
Sec. 1000(a)(9) [title IV, Secs. 4205, 4732(a)(10)(A)], Nov. 29, 1999,
113 Stat. 1536, 1501A-555, 1501A-582; Pub. L. 107-273, div. C, title
III, Sec. 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., Sec. 79 (Mar. 6, 1920, ch. 94,
Sec. 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),
is classified to section 1113 of Title 15, Commerce and Trade.
Amendments
2002--Subsecs. (a), (b). Pub. L. 107-273 made technical correction
to directory language of Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4732(a)(10)(A)]. See 1999 Amendment note below.
1999--Subsecs. (a), (b). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 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, Sec. 1000(a)(9) [title IV,
Sec. 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, Sec. 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, Sec. 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 1999 Amendment
Amendment by section 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)] of
Pub. L. 106-113 effective 4 months after Nov. 29, 1999, see section
1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out as a note
under section 1 of this title.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-358 effective Oct. 1, 1998, see section 5
of Pub. L. 105-358, set out as a note under section 41 of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-247 effective Oct. 1, 1982, see section
17(a) of Pub. L. 97-247, set out as a note under section 41 of this
title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-517 effective on first day of first fiscal
year beginning on or after one calendar year after Dec. 12, 1980,
subject to authorization of appropriation account credits from collected
reexamination fees prior to the effective date, made available for
payment of reexamination proceedings costs, see section 8(c) of Pub. L.
96-517, set out as a note under section 41 of this title.
Effective Date of 1975 Amendment
Amendment by Pub. L. 94-131 effective Jan. 24, 1978, and applicable
on and after that date to patent applications filed in the United States
and to international applications, where applicable, see section 11 of
Pub. L. 94-131, set out as an Effective Date note under section 351 of
this title.
Authorization of Amounts Available to the Patent and Trademark Office
Pub. L. 107-273, div. C, title III, Sec. 13102, Nov. 2, 2002, 116
Stat. 1899, provided that:
``(a) In General.--There are authorized to be appropriated to the
United States Patent and Trademark Office for salaries and necessary
expenses for each of the fiscal years 2003 through 2008 an amount equal
to the fees estimated by the Secretary of Commerce to be collected in
each such fiscal year, respectively, under--
``(1) title 35, United States Code; and
``(2) 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).
``(b) Estimates.--Not later than February 15, of each fiscal year,
the Undersecretary of Commerce for Intellectual Property and the
Director of the Patent and Trademark Office (in this subtitle [subtitle
A (Secs. 13101-13106) of title III of div. C of Pub. L. 107-273,
amending sections 134, 141, 303, 312, and 315 of this title and enacting
provisions set out as notes under sections 2, 134, and 303 of this
title] referred to as the Director) shall submit an estimate of all fees
referred to under subsection (a) to be collected in the next fiscal year
to the chairman and ranking member of--
``(1) the Committees on Appropriations and Judiciary of the
Senate; and
``(2) the Committees on Appropriations and Judiciary of the
House of Representatives.''
Appropriations Authorized To Be Carried Over
Pub. L. 100-703, title I, Sec. 102, Nov. 19, 1988, 102 Stat. 4674,
provided that: ``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.''
Similar provisions were contained in the following prior
authorization act:
Pub. L. 99-607, Sec. 2, Nov. 6, 1986, 100 Stat. 3470.
