Patent Law Updates | New Proposed Legislation
September 16, 2009
Congress Sends to President Obama Bill Providing Additional Funds for Patent Operations of the USPTO
To Authorize the Director of the United States Patent and Trademark Office to Use Funds Made Available under the Trademark Act
S. 1358, H.R. 3114, 7/27/2009
Both Houses of Congress have passed a bill authorizing the Director of the U.S. Patent and Trademark Office (“USPTO”) to establish a surcharge on patent fees to repay any borrowed trademark fees.
In addition, the bill, S.1358 and H.R. 3114, authorizes the Director to re-allocate funds made available under the Trademark Act of 1946 to support the processing of patents and other activities, services, and materials relating to patents. The bill granted this authority, notwithstanding provisions in the Omnibus Appropriations Act of 2009 restricting the use of such fees to activities relating to trademark registration.
The Director could exercise this authority,…
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