SENATE
Yesterday the Senate Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies approved a 2010 funding bill that includes $1.9 billion for the USPTO and gives the agency full access to its fee collections. The House passed a similar bill on June 18. USPTO fee collections have been declining recently, which raises a question of whether 2010 fee collections will reach the $1.9 billion estimate in the legislation.
The House Report previously directed the PTO:
- "to provide quarterly reports on its projected fee collection projections and to notify the Committee during any month when significant changes in such projections prompt serious concern or require drastic budgetary responses";
- "to enhance its efforts to reduce duplication of work already performed by another patent office in a manner that does not compromise the quality of the examination or compromise the sovereignty of the United States, such as the Patent Prosecution Highway, the Trilateral Strategic Working Group, and technical cooperative agreements with intellectual property offices in other countries"; and
- "to provide a report to the Committee on its progress within 30 days of enactment of this Act."
Senate Subcommittee Chairman Barbara Mikulski during yesterday's markup of the FY 2010 Commerce, Justice, Science and Related Agencies Appropriations Bill said she wanted the PTO "to really focus on the backlog of patent cases".
Senate Judiciary Chairman Patrick Leahy and ranking member Jeff Sessions reportedly introduced a bill last night that will allow the PTO to use funds designated for its trademark portfolio to be used to address its growing backlog of patent applications. The trademark budget has a $60 million-$70 million surplus. No record of the bill is available as yet.
HOUSE
Highlights of the House CJS Appropriations Subcommittee action included the three bullet points below. In addition, House Report 111-149 issued on June 12, before H.R. 2847 was passed by roll call on June 18.
Other highlights from the House:
- Includes language providing that appropriated funds be reduced as offsetting collections are assessed and collected and reducing appropriations if fee collections are less than appropriated funding.
- Provides for the availability of funds received in excess of appropriations to be available until expended.
- Includes language regarding basic pay and certain retirement benefits; limiting official reception and representation expenses; and providing that sections 801, 802, and 803 of division B, of P.L. 108–447 shall remain in effect during fiscal year 2010.
- Includes authority to permit the establishment of fees related to the electronic filing of documents.
- Provides authority to enter into cooperative agreements to conduct policy studies related to fair international protection of intellectual property rights.
Reading between the lines, I think it avoids any fee diversion at this point.