[United States Statutes at Large, Volume 123, 111th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

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. <>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. <>  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 <>  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 <>  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 1969]]
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):
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CONGRESSIONAL RECORD, Vol. 155 (2009):
July 7, considered and passed House.
July 16, considered and passed Senate.