[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5322 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5322

 To provide authority to the Director of the United States Patent and 
 Trademark Office to set or adjust patent and trademark fees, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2010

    Mr. Conyers (for himself and Mr. Smith of Texas) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide authority to the Director of the United States Patent and 
 Trademark Office to set or adjust patent and trademark fees, 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. SHORT TITLE.

    This Act may be cited as the ``Patent and Trademark Office Funding 
Stabilization Act of 2010''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Under 
        Secretary of Commerce for Intellectual Property and Director of 
        the United States Patent and Trademark Office.
            (2) Fund.--The term ``Fund'' means the United States Patent 
        and Trademark Office Public Enterprise Fund established under 
        section 4(b).
            (3) Office.--The term ``Office'' means the United States 
        Patent and Trademark Office.
            (4) Patent public advisory committee.--The term ``Patent 
        Public Advisory Committee'' means the Patent Public Advisory 
        Committee established under section 5(a)(1) of title 35, United 
        States Code.
            (5) Trademark act of 1946.--The term ``Trademark Act of 
        1946'' means the Act entitled ``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'' 
        or the ``Lanham Act'').
            (6) Trademark public advisory committee.--The term 
        ``Trademark Public Advisory Committee'' means the Trademark 
        Public Advisory Committee established under section 5(a)(1) of 
        title 35, United States Code.

SEC. 3. FEE SETTING AUTHORITY.

    (a) In General.--
            (1) Authority.--The Director may set or adjust by rule any 
        fee established or charged by the Office under section 41 or 
        376 of title 35, United States Code, or under section 31 of the 
        Trademark Act of 1946 (15 U.S.C. 1113), or any other fee 
        established or charged by the Office under any other provision 
        of law, for the filing or processing of any submission to the 
        Office, or for any other service performed by or materials 
        furnished by the Office, subject to paragraph (2).
            (2) Fees to recover costs.--Fees may be set or adjusted 
        under paragraph (1) only to recover the aggregate estimated 
        costs to the Office for processing, activities, services, and 
        materials relating to patents (in the case of patent fees) and 
        trademarks (in the case of trademark fees), including 
        administrative costs of the Office with respect to such patent 
        or trademark fees (as the case may be).
    (b) Small and Micro Entities.--The fees set or adjusted under 
subsection (a) for filing, processing, issuing, and maintaining patent 
applications and patents shall be reduced by 50 percent with respect to 
the application of such fees to any small entity that qualifies for 
reduced fees under section 41(h)(1) of title 35, United States Code, 
and shall be reduced by 75 percent with respect to the application of 
such fees to any micro entity as defined in section 123 of that title 
(as added by subsection (f) of this section).
    (c) Reduction of Fees in Certain Fiscal Years.--In each fiscal 
year, the Director--
            (1) shall consult with the Patent Public Advisory Committee 
        and the Trademark Public Advisory Committee on the advisability 
        of reducing any fees described in subsection (a); and
            (2) after the consultation required under paragraph (1), 
        may reduce such fees.
    (d) Role of the Public Advisory Committee.--The Director shall--
            (1) not less than 45 days before publishing any proposed 
        fee under subsection (a) in the Federal Register, submit the 
        proposed fee to the Patent Public Advisory Committee or the 
        Trademark Public Advisory Committee, or both, as appropriate;
            (2)(A) provide the relevant advisory committee described in 
        paragraph (1) a 30-day period following the submission of any 
        proposed fee, on which to deliberate, consider, and comment on 
        such proposal;
            (B) require that, during such 30-day period, the relevant 
        advisory committee hold a public hearing relating to such 
        proposal; and
            (C) assist the relevant advisory committee in carrying out 
        such public hearing, including by offering the use of the 
        resources of the Office to notify and promote the hearing to 
        the public and interested stakeholders;
            (3) require the relevant advisory committee to make 
        available to the public a written report setting forth in 
        detail the comments, advice, and recommendations of the 
        committee regarding the proposed fee; and
            (4) consider and analyze any comments, advice, or 
        recommendations received from the relevant advisory committee 
        before setting or adjusting (as the case may be) the fee.
    (e) Publication in the Federal Register.--
            (1) Publication and rationale.--The Director shall--
                    (A) publish any proposed fee change under this 
                section in the Federal Register;
                    (B) include, in such publication, the specific 
                rationale and purpose for the proposal, including the 
                possible expectations or benefits resulting from the 
                proposed change; and
                    (C) notify, through the Chair and Ranking Member of 
                the Committees on the Judiciary of the Senate and the 
                House of Representatives, the Congress of the proposed 
                change not later than the date on which the proposed 
                change is published under subparagraph (A).
            (2) Public comment period.--The Director shall, in the 
        publication under paragraph (1), provide the public a period of 
        not less than 45 days in which to submit comments on the 
        proposed change in fees.
            (3) Publication of final rule.--The final rule setting or 
        adjusting a fee under this section shall be published in the 
        Federal Register and in the Official Gazette of the Patent and 
        Trademark Office.
            (4) Congressional comment period.--A fee set or adjusted 
        under subsection (a) may not become effective before the end of 
        the 45-day period beginning on the day after the date on which 
        the Director publishes the final rule adjusting or setting the 
        fee under paragraph (3).
            (5) Rule of construction.--Rules prescribed under this 
        section shall not diminish--
                    (A) the rights of an applicant for a patent under 
                title 35, United States Code, or for a trademark under 
                the Trademark Act of 1946; or
                    (B) any rights under a ratified treaty.
    (f) Micro Entity Defined.--
            (1) In general.--Chapter 11 of title 35, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 123. Micro entity defined.
    ``(a) In General.--For purposes of this title, the term `micro 
entity' means an applicant who makes a certification that the 
applicant--
            ``(1) qualifies as a small entity, as defined in 
        regulations issued by the Director;
            ``(2) has not been named as an inventor on more than 4 
        previously filed patent applications, other than applications 
        filed in another country, provisional applications under 
        section 111(b), or international applications filed under the 
        treaty defined in section 351(a) for which the basic national 
        fee under section 41(a) was not paid;
            ``(3) did not, in the calendar year preceding the calendar 
        year in which the examination fee for the application is being 
        paid, have a gross income, as defined in section 61(a) of the 
        Internal Revenue Code of 1986, exceeding 3 times the median 
        household income for that preceding calendar year, as reported 
        by the Bureau of the Census; and
            ``(4) has not assigned, granted, or conveyed, and is not 
        under an obligation by contract or law to assign, grant, or 
        convey, a license or other ownership interest in the 
        application concerned to an entity that, in the calendar year 
        preceding the calendar year in which the examination fee for 
        the application is being paid, had a gross income, as defined 
        in section 61(a) of the Internal Revenue Code of 1986, 
        exceeding 3 times the median household income for that 
        preceding calendar year, as reported by the Bureau of the 
        Census.
    ``(b) Applications Resulting From Prior Employment.--An applicant 
is not considered to be named on a previously filed application for 
purposes of subsection (a)(2) if the applicant has assigned, or is 
under an obligation by contract or law to assign, all ownership rights 
in the application as the result of the applicant's previous 
employment.
    ``(c) Foreign Currency Exchange Rate.--If the gross income of an 
applicant or entity for a calendar year, for purposes of paragraph (3) 
or (4) of subsection (a), is reported in a currency other than United 
States dollars, the average exchange rate for that currency, as 
reported by the Internal Revenue Service, during that calendar year 
shall be used to determine whether the gross income exceeds the 
threshold specified in paragraph (3) or (4) of subsection (a).''.
            (2) Conforming amendment.--Chapter 11 of title 35, United 
        States Code, is amended by adding at the end the following new 
        item:

``123. Micro entity defined.''.
    (g) Effective Date; Sunset.--
            (1) Effective date.--This section and the amendments made 
        by this section shall take effect on the date of the enactment 
        of this Act.
            (2) Sunset.--
                    (A) In general.--The authority to establish and 
                adjust fees under subsection (a) shall terminate upon 
                the expiration of the 10-year period beginning on the 
                date of the enactment of this Act.
                    (B) Clarification.--The termination of authority 
                under subparagraph (A) does not apply to the 
                requirement and authority under subsection (c).

SEC. 4. PATENT AND TRADEMARK OFFICE FUNDING.

    (a) Funding.--
            (1) In general.--Section 42 of title 35, United States 
        Code, is amended--
                    (A) in subsection (b), by striking ``Patent and 
                Trademark Office Appropriation Account'' and inserting 
                ``United States Patent and Trademark Office Public 
                Enterprise Fund''; and
                    (B) in subsection (c), in the first sentence--
                            (i) by striking ``To the extent'' and all 
                        that follows through ``fees'' and inserting 
                        ``Fees''; and
                            (ii) by striking ``shall be collected by 
                        and shall be available to the Director'' and 
                        inserting ``shall be collected by the Director 
                        and shall be available until expended''.
            (2) Effective date.--
                    (A) In general.--The amendments made by paragraph 
                (1) shall take effect on October 1, 2011.
                    (B) Termination of appropriation.--The provisions 
                of any appropriation Act that--
                            (i) are enacted before the effective date 
                        set forth in subparagraph (A),
                            (ii) make amounts available pursuant to 
                        section 42(c) of title 35, United States Code, 
                        and
                            (iii) are in effect on the effective date 
                        set forth in subparagraph (A),
                shall cease to be effective on that effective date, and 
                any unexpended amounts made available pursuant to such 
                section shall be transferred in accordance with 
                subsection (b)(5).
    (b) USPTO Revolving Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a revolving fund to be known as the ``United 
        States Patent and Trademark Office Public Enterprise Fund''. 
        Any amounts in the Fund shall be available for use by the 
        Director without fiscal year limitation.
            (2) Derivation of resources.--There shall be deposited into 
        the Fund the following:
                    (A) Any fees collected under sections 41, 42, and 
                376 of title 35, United States Code. If such fees are 
                collected by, and payable to, the Director, the 
                Director shall transfer such amounts to the Fund.
                    (B) Any fees collected under section 31 of the 
                Trademark Act of 1946 (15 U.S.C. 1113).
            (3) Expenses.--Amounts deposited into the Fund under 
        paragraph (2) shall be available, without fiscal year 
        limitation, to cover--
                    (A) all expenses, to the extent consistent with the 
                limitation on the use of fees set forth in section 
                42(c) of title 35, United States Code (including all 
                administrative and operating expenses), that are 
                determined in the discretion of the Director to be 
                ordinary and reasonable and are incurred by the 
                Director for the continued operation of all services, 
                programs, activities, and duties of the Office, as such 
                services, programs, activities, and duties are 
                described under--
                            (i) title 35, United States Code; and
                            (ii) the Trademark Act of 1946; and
                    (B) all expenses incurred pursuant to any 
                obligation, representation, or other commitment of the 
                Office.
            (4) Custodians of money.--Notwithstanding section 3302 of 
        title 31, United States Code, any funds received by the 
        Director and transferred to Fund, or any amounts directly 
        deposited into the Fund, may be used--
                    (A) to cover the expenses described in paragraph 
                (3); and
                    (B) to purchase obligations of the United States, 
                or any obligations guaranteed by the United States.
            (5) Unexpended balances.--Any unexpended balances in any 
        accounts held on behalf of the Director, or the Office, 
        including in the Patent and Trademark Office Appropriation 
        Account in the Treasury of the United States, shall be 
        transferred to the Fund and shall remain available until 
        expended.
    (c) Annual Report.--Not later than 60 days after the end of each 
fiscal year, the Director shall submit a report to Congress that--
            (1) summarizes the operations of the Office for the 
        preceding fiscal year, including financial details and staff 
        levels broken down by each major activity of the Office;
            (2) details the operating plan of the Office, including 
        specific expense and staff needs for the upcoming fiscal year;
            (3) describes the long-term modernization plans of the 
        Office;
            (4) sets forth details of any progress towards such 
        modernization plans made in the previous fiscal year; and
            (5) includes the results of the most recent audit carried 
        out under subsection (e).
    (d) Annual Spending Plan.--
            (1) In general.--Not later than 30 days after the beginning 
        of each fiscal year, the Director shall notify the Committees 
        on Appropriations of both Houses of Congress of the plan for 
        the obligation and expenditure of the total amount of the funds 
        for that fiscal year in a manner consistent with section 605 of 
        the Science, State, Justice, Commerce, and Related Agencies 
        Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2334).
            (2) Contents.--Each plan under paragraph (1) shall--
                    (A) summarize the operations of the Office for the 
                current fiscal year, including financial details and 
                staff levels with respect to major activities; and
                    (B) detail the operating plan of the Office, 
                including specific expense and staff needs, for the 
                current fiscal year.
    (e) Audit.--The Director shall, on an annual basis, provide for an 
independent audit of the financial statements of the Office. Such audit 
shall be conducted in accordance with generally acceptable accounting 
procedures.
    (f) Budget.--In accordance with section 9301 of title 31, United 
States Code, the Fund shall prepare and submit each year to the 
President a business-type budget in such manner, and before such date, 
as the President prescribes by regulation for the budget program.
    (g) Effective Date.--Subsections (b) through (f) and this 
subsection shall take effect on October 1, 2011.

SEC. 5. FEES FOR PATENT SERVICES.

    (a) General Patent Services.--Subsections (a) and (b) of section 41 
of title 35, United States Code, is amended to read as follows:
    ``(a) General Fees.--The Director shall charge the following fees:
            ``(1) Filing and basic national fees.--
                    ``(A) On filing each application for an original 
                patent, except for design, plant, or provisional 
                applications, $330.
                    ``(B) On filing each application for an original 
                design patent, $220.
                    ``(C) On filing each application for an original 
                plant patent, $220.
                    ``(D) On filing each provisional application for an 
                original patent, $220.
                    ``(E) On filing each application for the reissue of 
                a patent, $330.
                    ``(F) The basic national fee for each international 
                application filed under the treaty defined in section 
                351(a) entering the national stage under section 371, 
                $330.
                    ``(G) In addition, excluding any sequence listing 
                or computer program listing filed in an electronic 
                medium as prescribed by the Director, for any 
                application the specification and drawings of which 
                exceed 100 sheets of paper (or equivalent as prescribed 
                by the Director if filed in an electronic medium), $270 
                for each additional 50 sheets of paper (or equivalent 
                as prescribed by the Director if filed in an electronic 
                medium) or fraction thereof.
            ``(2) Excess claims fees.--
                    ``(A) In general.--In addition to the fee specified 
                in paragraph (1)--
                            ``(i) on filing or on presentation at any 
                        other time, $220 for each claim in independent 
                        form in excess of 3;
                            ``(ii) on filing or on presentation at any 
                        other time, $52 for each claim (whether 
                        dependent or independent) in excess of 20; and
                            ``(iii) for each application containing a 
                        multiple dependent claim, $390.
                    ``(B) Multiple dependent claims.--For the purpose 
                of computing fees under subparagraph (A), a multiple 
                dependent claim referred to in section 112 or any claim 
                depending therefrom shall be considered as separate 
                dependent claims in accordance with the number of 
                claims to which reference is made.
                    ``(C) Refunds; errors in payment.--The Director may 
                by regulation provide for a refund of any part of the 
                fee specified in subparagraph (A) for any claim that is 
                canceled before an examination on the merits, as 
                prescribed by the Director, has been made of the 
                application under section 131. Errors in payment of the 
                additional fees under this paragraph may be rectified 
                in accordance with regulations prescribed by the 
                Director.
            ``(3) Examination fees.--
                    ``(A) In general.--
                            ``(i) For examination of each application 
                        for an original patent, except for design, 
                        plant, provisional, or international 
                        applications, $220.
                            ``(ii) For examination of each application 
                        for an original design patent, $140.
                            ``(iii) For examination of each application 
                        for an original plant patent, $170.
                            ``(iv) For examination of the national 
                        stage of each international application, $220.
                            ``(v) For examination of each application 
                        for the reissue of a patent, $650.
                    ``(B) Applicability of other fee provisions.--The 
                provisions of paragraphs (3) and (4) of section 111(a) 
                relating to the payment of the fee for filing the 
                application shall apply to the payment of the fee 
                specified in subparagraph (A) with respect to an 
                application filed under section 111(a). The provisions 
                of section 371(d) relating to the payment of the 
                national fee shall apply to the payment of the fee 
                specified in subparagraph (A) with respect to an 
                international application.
            ``(4) Issue fees.--
                    ``(A) For issuing each original patent, except for 
                design or plant patents, $1,510.
                    ``(B) For issuing each original design patent, 
                $860.
                    ``(C) For issuing each original plant patent, 
                $1,190.
                    ``(D) For issuing each reissue patent, $1,510.
            ``(5) Disclaimer fee.--On filing each disclaimer, $140.
            ``(6) Appeal fees.--
                    ``(A) On filing an appeal from the examiner to the 
                Board of Patent Appeals and Interferences, $540.
                    ``(B) In addition, on filing a brief in support of 
                the appeal, $540, and on requesting an oral hearing in 
                the appeal before the Board of Patent Appeals and 
                Interferences, $1,080.
            ``(7) Revival fees.--On filing each petition for the 
        revival of an unintentionally abandoned application for a 
        patent, for the unintentionally delayed payment of the fee for 
        issuing each patent, or for an unintentionally delayed response 
        by the patent owner in any reexamination proceeding, $1,620, 
        unless the petition is filed under section 133 or 151, in which 
        case the fee shall be $540.
            ``(8) Extension fees.--For petitions for 1-month extensions 
        of time to take actions required by the Director in an 
        application--
                    ``(A) on filing a first petition, $130;
                    ``(B) on filing a second petition, $360; and
                    ``(C) on filing a third or subsequent petition, 
                $620.
    ``(b) Maintenance Fees.--
            ``(1) In general.--The Director shall charge the following 
        fees for maintaining in force all patents based on applications 
        filed on or after December 12, 1980:
                    ``(A) 3 years and 6 months after grant, $980.
                    ``(B) 7 years and 6 months after grant, $2,480.
                    ``(C) 11 years and 6 months after grant, $4,110.
            ``(2) Grace period; surcharge.--Unless payment of the 
        applicable maintenance fee under paragraph (1) is received in 
        the Office on or before the date the fee is due or within a 
        grace period of 6 months thereafter, the patent shall expire as 
        of the end of such grace period. The Director may require the 
        payment of a surcharge as a condition of accepting within such 
        6-month grace period the payment of an applicable maintenance 
        fee.
            ``(3) No maintenance fee for design or plant patent.--No 
        fee may be established for maintaining a design or plant patent 
        in force.''.
    (b) Delays in Payment.--Subsection (c) of section 41 of title 35, 
United States Code, is amended--
            (1) by striking ``(c)(1) The Director'' and inserting:
    ``(c) Delays in Payment of Maintenance Fees.--
            ``(1) Acceptance.--The Director''.
            (2) by striking ``(2) A patent'' and inserting ``(2) Effect 
        on rights of others.--A patent''; and
            (3) by moving the remaining text of paragraphs (1) and (2) 
        2 ems to the right.
    (c) Patent Search Fees.--Subsection (d) of section 41 of title 35, 
United States Code, is amended to read as follows:
    ``(d) Patent Search and Other Fees.--
            ``(1) Patent search fees.--
                    ``(A) In general.--The Director shall charge a fee 
                for the search of each application for a patent, except 
                for provisional applications. The Director shall 
                establish the fees charged under this paragraph to 
                recover an amount not to exceed the estimated average 
                cost to the Office of searching applications for patent 
                either by acquiring a search report from a qualified 
                search authority, or by causing a search by Office 
                personnel to be made, of each application for patent.
                    ``(B) Specific fees.--For purposes of determining 
                the fees to be established under this paragraph, the 
                cost to the Office of causing a search of an 
                application to be made by Office personnel shall be 
                deemed to be--
                            ``(i) $540 for each application for an 
                        original patent, except for design, plant, 
                        provisional, or international applications;
                            ``(ii) $100 for each application for an 
                        original design patent;
                            ``(iii) $330 for each application for an 
                        original plant patent;
                            ``(iv) $540 for the national stage of each 
                        international application; and
                            ``(v) $540 for each application for the 
                        reissue of a patent.
                    ``(C) Applicability of other provisions.--The 
                provisions of paragraphs (3) and (4) of section 111(a) 
                relating to the payment of the fee for filing the 
                application shall apply to the payment of the fee 
                specified in this paragraph with respect to an 
                application filed under section 111(a). The provisions 
                of section 371(d) relating to the payment of the 
                national fee shall apply to the payment of the fee 
                specified in this paragraph with respect to an 
                international application.
                    ``(D) Refunds.--The Director may by regulation 
                provide for a refund of any part of the fee specified 
                in this paragraph for any applicant who files a written 
                declaration of express abandonment as prescribed by the 
                Director before an examination has been made of the 
                application under section 131, and for any applicant 
                who provides a search report that meets the conditions 
                prescribed by the Director.
                    ``(E) Requirements for searches.--The Director 
                shall require that any search by a qualified search 
                authority that is a commercial entity is conducted in 
                the United States by persons that--
                            ``(i) if individuals are United States 
                        citizens; and
                            ``(ii) if business concerns, are organized 
                        under the laws of the United States or any 
                        State and employ United States citizens to 
                        perform the searches.
                    ``(F) Applications subject to secrecy order.--A 
                search of an application that is the subject of a 
                secrecy order under section 181 or otherwise involves 
                classified information may only be conducted by Office 
                personnel.
                    ``(G) Conflicts of interest.--A qualified search 
                authority that is a commercial entity may not conduct a 
                search of a patent application if the entity has any 
                direct or indirect financial interest in any patent or 
                in any pending or imminent application for patent filed 
                or to be filed in the Office.
            ``(2) Other fees.--
                    ``(A) In general.--The Director shall establish 
                fees for all other processing, services, or materials 
                relating to patents not specified in this section to 
                recover the estimated average cost to the Office of 
                such processing, services, or materials, except that 
                the Director shall charge the following fees for the 
                following services:
                            ``(i) For recording a document affecting 
                        title, $40 per property.
                            ``(ii) For each photocopy, $.25 per page.
                            ``(iii) For each black and white copy of a 
                        patent, $3.
                    ``(B) Copies for libraries.--The yearly fee for 
                providing a library specified in section 12 with 
                uncertified printed copies of the specifications and 
                drawings for all patents in that year shall be $50.''.
    (d) Fees for Small Entities.--Subsection (h) of section 41 of title 
35, United States Code, is amended to read as follows:
    ``(h) Fees for Small Entities.--
            ``(1) Reductions in fees.--Subject to paragraph (3), fees 
        charged under subsections (a), (b), and (d)(1) shall be reduced 
        by 50 percent with respect to their application to any small 
        business concern as defined under section 3 of the Small 
        Business Act, and to any independent inventor or nonprofit 
        organization as defined in regulations issued by the Director.
            ``(2) Surcharges and other fees.--With respect to its 
        application to any entity described in paragraph (1), any 
        surcharge or fee charged under subsection (c) or (d) shall not 
        be higher than the surcharge or fee required of any other 
        entity under the same or substantially similar circumstances.
            ``(3) Reduction for electronic filing.--The fee charged 
        under subsection (a)(1)(A) shall be reduced by 75 percent with 
        respect to its application to any entity to which paragraph (1) 
        applies, if the application is filed by electronic means as 
        prescribed by the Director.''.
    (e) Technical Amendments.--Section 41 of title 35, United States 
Code, is amended--
            (1) in subsection (e), in the first sentence, by striking 
        ``The Director'' and inserting ``Waiver of Fees; Copies 
        Regarding Notice.--The Director'';
            (2) in subsection (f), by striking ``The fees'' and 
        inserting ``Adjustment of Fees.--The fees'';
            (3) by repealing subsection (g); and
            (4) in subsection (i)--
                    (A) by striking ``(i)(1) The Director'' and 
                inserting the following:
    ``(i) Electronic Patent and Trademark Data.--
            ``(1) Maintenance of collections.--The Director'';
                    (B) by striking ``(2) The Director'' and inserting 
                the following:
            ``(2) Availability of automated search systems.--The 
        Director'';
                    (C) by striking ``(3) The Director'' and inserting 
                the following:
            ``(3) Access fees.--The Director''; and
                    (D) by striking ``(4) The Director'' and inserting 
                the following:
            ``(4) Annual report to congress.--The Director''.
    (f) Adjustment of Trademark Fees.--Section 802(a) of division B of 
the Consolidated Appropriations Act, 2005 (Public Law 108-447)) is 
amended--
            (1) in the first sentence, by striking ``During fiscal 
        years 2005, 2006 and 2007'', and inserting ``Until such time as 
        the Director sets or adjusts the fees otherwise,''; and
            (2) in the second sentence, by striking ``During fiscal 
        years 2005, 2006, and 2007, the'' and inserting ``The''.
    (g) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 6. TEMPORARY SURCHARGE.

    (a) Surcharge.--There shall be a surcharge of 15 percent, rounded 
by standard arithmetic rules, on fees charged or authorized by sections 
41(a), (b), (d)(1), and 132(b) of title 35, United States Code, subject 
to the following:
            (1) The surcharge shall be separate from, and in addition 
        to, any other surcharge that may be required pursuant to any 
        provision of title 35, United States Code, or other provision 
        of law.
            (2) The surcharge under this subsection shall take effect 
        on the 10th day after the date of the enactment of this Act, 
        and shall remain in effect through September 30, 2011.
            (3) The receipts collected as a result of the surcharge 
        under this subsection shall be available to the Office without 
        fiscal year limitation, for all authorized activities and 
        operations of the Office.
    (b) Electronic Filing Incentive.--
            (1) In general.--Notwithstanding any other provision of 
        this section, the fee charged for each application for an 
        original patent, except for a design, plant, or provisional 
        application, shall be increased by $400 for an application that 
        is not filed by electronic means as prescribed by the Director. 
        The fee established by this subsection shall be reduced 50 
        percent for small entities that quality for reduced fees under 
        section 41(h)(1) of title 35, United States Code.
            (2) Effective date.--This subsection shall take effect upon 
        the expiration of the 60-day period beginning on the date of 
        the enactment of this Act.
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