II 111th CONGRESS 1st Session S. 1358 IN THE SENATE OF THE UNITED STATES June 25, 2009 Mr. Leahy (for himself and Mr. Sessions) introduced the following bill; which was read twice, considered, read the third time, and passed A BILL 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.

1.

Authority of PTO Director to use trademark fund

(a)

Authority

The Director of the United States Patent and Trademark Office may use funds made available under section 31 of the Trademark Act of 1946 (15 U.S.C. 1113) to support the processing of patents and other activities, services, and materials relating to patents, notwithstanding section 42(c) of title 35, United States Code, if— (1)the Director certifies to Congress that the use of such funds is reasonably necessary to avoid furloughs or a reduction-in-force in the Patent and Trademark Office, or both; and (2)funds so used are repaid to trademark operations not later than September 30, 2011. (b)

Expiration of authority

The authority under subsection (a) shall terminate on June 30, 2010. (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.).