Innovation Protection Act - Establishes in the Treasury the United States Patent and Trademark Office Public Enterprise Fund (Public Enterprise Fund) to be used as a revolving fund by the Director of the U.S. Patent and Trademark Office (USPTO) without fiscal year limitation.
Requires to be credited to or deposited in the Public Enterprise Fund: (1) appropriations for defraying the costs of USPTO activities; (2) fees collected under federal patent and trademark laws; and (3) any unobligated balances remaining in the Patent and Trademark Office Appropriation Account and in the Patent and Trademark Fee Reserve Fund. (Thus, replaces the Patent and Trademark Office Appropriation Account, eliminates the Patent and Trademark Fee Reserve Fund, and provides a source of permanent funding for the USPTO.)
Requires fees collected by the Director to remain available to the Director until expended.
Makes the Public Enterprise Fund available to cover: (1) ordinary and reasonable administrative, operating, and other expenses incurred by the Director for the continued operation of USPTO services, programs, activities, and duties relating to patents and trademarks; and (2) expenses incurred pursuant to obligations, representations, or other commitments of the USPTO.
Requires the Director, on an annual basis, to: (1) report to Congress with operation and spending plans, including financial details and staff levels broken down by each major activity; (2) provide for an independent audit of USPTO financial statements; and (3) submit a budget to the President.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3349 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3349
To provide for the permanent funding of the United States Patent and
Trademark Office, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 28, 2013
Mr. Conyers (for himself, Mr. Watt, and Mr. Collins of Georgia)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To provide for the permanent funding of the United States Patent and
Trademark Office, 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 ``Innovation Protection Act''.
SEC. 2. PATENT AND TRADEMARK OFFICE FUNDING.
(a) Definitions.--In this section:
(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 Revolving fund
established under subsection (c).
(3) Office.--The term ``Office'' means the United States
Patent and Trademark Office.
(4) 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.) (commonly referred to as the ``Trademark Act of 1946''
or the ``Lanham Act'').
(b) 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)--
(i) in paragraph (1)--
(I) in the first sentence, by
striking ``To the extent'' and all that
follows through ``fees'' and inserting
``Fees''; and
(II) by striking ``shall be
collected by and shall, subject to
paragraph (3), be available to the
Director'' and inserting ``shall be
collected by, and shall be available
to, the Director until expended''; and
(ii) by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2).
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the first day of the first fiscal year
that begins on or after the date of the enactment of this Act.
(c) 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.--
(A) In general.--There shall be deposited into the
Fund on and after the effective date set forth in
subsection (b)(2)--
(i) any fees collected under title 35,
United States Code; and
(ii) any fees collected under the Trademark
Act of 1946 (15 U.S.C. 1051 et seq.).
(B) Remaining balances.--There shall be deposited
in the Fund, on the effective date set forth in
subsection (b)(2), any unobligated balances remaining
in the Patent and Trademark Office Appropriation
Account, and in the Patent and Trademark Fee Reserve
Fund established under section 42(b)(2) of title 31,
United States Code, as in effect on the day before such
effective date. Upon the payment of all obligated
amounts in the Patent and Trademark Fee Reserve Fund,
the Patent and Trademark Fee Reserve Fund shall be
terminated.
(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, determined in
the discretion of the Director to be ordinary and
reasonable, incurred by the Director for the continued
operation of all services, programs, activities, and
duties of the Office relating to patents and
trademarks, 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.
(d) Annual Report and Operation Plan.--Not later than 60 days after
the end of each fiscal year, the Director shall submit to Congress a
report 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) describes the long term modernization plans of the
Office;
(3) sets forth details of any progress towards such
modernization plans made in the preceding fiscal year; and
(4) includes the results of the most recent audit carried
out under subsection (f).
(e) Annual Spending Plan.--
(1) In general.--Not later than 30 days after the beginning
of each fiscal year, the Director shall notify the Committee on
Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate of the plan for the
obligation and expenditure by the Office of the total amount of
the funds for that fiscal year in accordance 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.
(f) 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 accepted accounting
principles.
(g) Budget.--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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line