[111th Congress Public Law 45]
[From the U.S. Government Printing Office]



[[Page 123 STAT. 1968]]

Public Law 111-45
111th Congress

                                 An Act


 
  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, 
     and for other purposes. <<NOTE: Aug. 7, 2009 -  [H.R. 3114]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. <<NOTE: 35 USC 41 note.>>  AUTHORITY OF PTO DIRECTOR TO 
                              USE TRADEMARK FUNDS.

    (a) Authority.--
            (1) In general.--The Director of the United States Patent 
        and Trademark Office--
                    (A) may use funds made available for fiscal year 
                2009, pursuant to section 31 of the Trademark Act of 
                1946 (15 U.S.C. 1113), under the heading ``Department of 
                Commerce--United States Patent and Trademark Office--
                Salaries and Expenses'' in title I of division B of the 
                Omnibus Appropriations Act, 2009 (Public Law 111-8), up 
                to $70,000,000, 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; and
                    (B) notwithstanding any other provision of law, 
                shall, upon the exercise of the authority under 
                subparagraph (A), establish a surcharge, in amounts up 
                to $70,000,000, on patent fees in effect under title 35, 
                United States Code, to repay any funds drawn down 
                pursuant to subparagraph (A),
        if the Director certifies <<NOTE: Certification.>>  in writing 
        to the Congress that the use of the funds described in 
        subparagraph (A) is reasonably necessary to avoid furloughs or a 
        reduction-in-force, or both, in the United States Patent and 
        Trademark Office, and does not create a substantial risk of a 
        furlough or reduction-in-force of personnel working in the 
        Trademark Operation of the United States Patent and Trademark 
        Office.
            (2) Surcharges deposited in treasury.--All surcharges paid 
        under paragraph (1)(B) shall be deposited in the Treasury as an 
        offsetting receipt that shall not be available for obligation or 
        expenditure.

    (b) Limitations on Authority.--The authority <<NOTE: Termination 
date. Deadlines.>>  under subsection (a)(1)(A) shall terminate on June 
30, 2010. The surcharge established under subsection (a)(1)(B) shall 
take effect no later than September 30, 2011, and all funds drawn down 
pursuant to subsection (a)(1)(A) shall be repaid pursuant to subsection 
(a)(1)(B) no later than September 30, 2014.

[[Page 123 STAT. 1969]]

    (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.).

    Approved August 7, 2009.

LEGISLATIVE HISTORY--H.R. 3114 (S. 1358):
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 155 (2009):
            July 7, considered and passed House.
            July 16, considered and passed Senate.

                                  <all>