Sec. 107. Elimination of USPTO fee diversion
630 words·~3 min read·
/bill/116/s/2082/is/section-107A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 42 of title 35, United States Code, is amended— in subsection (a), by striking All fees and inserting ; Fees for service by PTO .—All fees in subsection (b)— by striking All fees and inserting ; and Innovation promotion fund .—All fees by striking Patent and Trademark Office Appropriation Account and inserting United States Patent and Trademark Office Innovation Promotion Fund ; in subsection (c)— by striking (c)(1) and all that follows through the end of paragraph
(1)and inserting the following:
(c)Collection of funds for PTO activities .— Fees authorized in this title or any other Act to be charged or established by the Director shall be collected by the Director and shall be available to the Director until expended to carry out the activities of the Patent and Trademark Office. ; by striking paragraph (2); by striking (3)(A) Any and inserting the following:
(2)Use of fees .— Any ; and by striking
(B)Any fees that are collected under section 31 of the Trademark Act of 1946 and inserting the following: Any fees that are collected under section 31 of the Trademark Act of 1946 (as defined in subsection (d)) ( 15 U.S.C. 1113 ) ; by redesignating subsections
(d)and
(e)as subsections
(e)and (f), respectively; by inserting after subsection
(c)the following new subsection: In this subsection— the term Fund means the United States Patent and Trademark Office Innovation Promotion Fund established under paragraph (2); and 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 ). There is established in the Treasury a revolving fund to be known as the United States Patent and Trademark Office Innovation Promotion Fund . There shall be deposited into the Fund any fees collected under— this title; or the Trademark Act of 1946. Amounts deposited into the Fund under paragraph
(3)shall be available, without fiscal year limitation, to cover— all expenses to the extent consistent with the limitation on the use of fees set forth in subsection (c), 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— this title; and the Trademark Act of 1946; and all expenses incurred pursuant to any obligation, representation, or other commitment of the Office. ; in subsection (e), as redesignated, by striking The Director and inserting ; and Refunds .—The Director in subsection (f), as redesignated, by striking The Secretary and inserting . Report .—The Secretary The amendments made by subsection
(a)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. On the effective date described in paragraph (1), there shall be deposited in the United States Patent and Trademark Office Innovation Promotion Fund established under section 42(d)(2) of title 35, United States Code (as added by subsection (a)), any available unobligated balances remaining in the Patent and Trademark Office Appropriation Account, and in the Patent and Trademark Fee Reserve Fund established under section 42(c)(2) of title 35, United States Code, as in effect on the date before the effective date. Upon the payment of all obligated amounts in the Patent and Trademark Fee Reserve Fund under paragraph (2), the Patent and Trademark Fee Reserve Fund shall be terminated.
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources