Patents - 35 USC Section 42

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01/19/04

Sec. 42. Patent and Trademark Office funding

(a) All fees for services performed by or materials furnished by
the Patent and Trademark Office will be payable to the Director.
(b) All fees paid to the Director and all appropriations for
defraying the costs of the activities of the Patent and Trademark
Office will be credited to the Patent and Trademark Office
Appropriation Account in the Treasury of the United States.
(c) To the extent and in the amounts provided in advance in
appropriations Acts, fees authorized in this title or any other Act
to be charged or established by the Director shall be collected by
and shall be available to the Director to carry out the activities
of the Patent and Trademark Office. All fees available to the
Director under section 31 of the Trademark Act of 1946 shall be
used only for the processing of trademark registrations and for
other activities, services, and materials relating to trademarks
and to cover a proportionate share of the administrative costs of
the Patent and Trademark Office.
(d) The Director may refund any fee paid by mistake or any amount
paid in excess of that required.
(e) The Secretary of Commerce shall, on the day each year on
which the President submits the annual budget to the Congress,
provide to the Committees on the Judiciary of the Senate and the
House of Representatives -
(1) a list of patent and trademark fee collections by the
Patent and Trademark Office during the preceding fiscal year;
(2) a list of activities of the Patent and Trademark Office
during the preceding fiscal year which were supported by patent
fee expenditures, trademark fee expenditures, and appropriations;
(3) budget plans for significant programs, projects, and
activities of the Office, including out-year funding estimates;
(4) any proposed disposition of surplus fees by the Office; and
(5) such other information as the committees consider
necessary.

AMENDMENTS
2002 - Subsecs. (a), (b). Pub. L. 107-273 made technical
correction to directory language of Pub. L. 106-113, Sec.
1000(a)(9) [title IV, Sec. 4732(a)(10)(A)]. See 1999 Amendment note
below.
1999 - Subsecs. (a), (b). Pub. L. 106-113, Sec. 1000(a)(9) [title
IV, Sec. 4732(a)(10)(A)], as amended by Pub. L. 107-273,
substituted "Director" for "Commissioner".
Subsec. (c). Pub. L. 106-113 substituted "Director" for
"Commissioner" wherever appearing and, in second sentence,
substituted "All fees available" for "Fees available" and "shall be
used" for "may be used".
Subsec. (d). Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.
4732(a)(10)(A)], substituted "Director" for "Commissioner".
1998 - Subsec. (c). Pub. L. 105-358 substituted first sentence
for former first sentence which read as follows: "Revenues from
fees shall be available to the Commissioner to carry out, to the
extent provided in appropriation Acts, the activities of the Patent
and Trademark Office."
1991 - Subsec. (c). Pub. L. 102-204, Sec. 5(e), amended subsec.
(c) generally. Prior to amendment, subsec. (c) read as follows:
"Revenues from fees will be available to the Commissioner of
Patents to carry out, to the extent provided for in appropriation
Acts, the activities of the Patent and Trademark Office. Fees
available to the Commissioner under section 31 of the Trademark Act
of 1946, as amended (15 U.S.C. 1113), shall be used exclusively for
the processing of trademark registrations and for other services
and materials related to trademarks."
Subsec. (e). Pub. L. 102-204, Sec. 4, added subsec. (e).
1982 - Subsec. (b). Pub. L. 97-258 struck out ", the provisions
of section 725e of title 31, United States Code, notwithstanding"
after "United States".
Subsec. (c). Pub. L. 97-247 inserted provision that fees
available to the Commissioner under section 31 of the Trademark Act
of 1946, as amended (15 U.S.C. 1113), be used exclusively for the
processing of trademark registrations and for other services and
materials related to trademarks.
1980 - Pub. L. 96-517 designated existing provision relating to
payment of patent fees as subsec. (a) and struck out provision
that, except as provided in sections 361(b) and 376(b) of this
title, the Commissioner deposit fees paid in the Treasury of the
United States in such manner as directed by the Secretary of the
Treasury, designated existing provision relating to return of
excess amounts paid as subsec. (d), and added subsecs. (b) and (c).
1975 - Pub. L. 94-131 inserted ", except as provided in sections
361(b) and 376(b) of this title,".
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by section 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)]
of Pub. L. 106-113 effective 4 months after Nov. 29, 1999, see
section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set
out as a note under section 1 of this title.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-358 effective Oct. 1, 1998, see section
5 of Pub. L. 105-358, set out as a note under section 41 of this
title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-247 effective Oct. 1, 1982, see section
17(a) of Pub. L. 97-247, set out as a note under section 41 of this
title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-517 effective on first day of first
fiscal year beginning on or after one calendar year after Dec. 12,
1980, subject to authorization of appropriation account credits
from collected reexamination fees prior to the effective date, made
available for payment of reexamination proceedings costs, see
section 8(c) of Pub. L. 96-517, set out as a note under section 41
of this title.
EFFECTIVE DATE OF 1975 AMENDMENT
Amendment by Pub. L. 94-131 effective Jan. 24, 1978, and
applicable on and after that date to patent applications filed in
the United States and to international applications, where
applicable, see section 11 of Pub. L. 94-131, set out as an
Effective Date note under section 351 of this title.
AUTHORIZATION OF AMOUNTS AVAILABLE TO THE PATENT AND TRADEMARK
OFFICE
Pub. L. 107-273, div. C, title III, Sec. 13102, Nov. 2, 2002, 116
Stat. 1899, provided that:
"(a) In General. - There are authorized to be appropriated to the
United States Patent and Trademark Office for salaries and
necessary expenses for each of the fiscal years 2003 through 2008
an amount equal to the fees estimated by the Secretary of Commerce
to be collected in each such fiscal year, respectively, under -
"(1) title 35, United States Code; and
"(2) 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).
"(b) Estimates. - Not later than February 15, of each fiscal
year, the Undersecretary of Commerce for Intellectual Property and
the Director of the Patent and Trademark Office (in this subtitle
[subtitle A (Secs. 13101-13106) of title III of div. C of Pub. L.
107-273, amending sections 134, 141, 303, 312, and 315 of this
title and enacting provisions set out as notes under sections 2,
134, and 303 of this title] referred to as the Director) shall
submit an estimate of all fees referred to under subsection (a) to
be collected in the next fiscal year to the chairman and ranking
member of -
"(1) the Committees on Appropriations and Judiciary of the
Senate; and
"(2) the Committees on Appropriations and Judiciary of the
House of Representatives."
APPROPRIATIONS AUTHORIZED TO BE CARRIED OVER
Pub. L. 100-703, title I, Sec. 102, Nov. 19, 1988, 102 Stat.
4674, provided that: "Amounts appropriated under this Act and such
fees as may be collected under title 35, United States Code, and
the Trademark Act of 1946 (15 U.S.C. 1051 and following) may remain
available until expended."
Similar provisions were contained in the following prior
authorization act:
Pub. L. 99-607, Sec. 2, Nov. 6, 1986, 100 Stat. 3470.

Last modified: April 20, 2006

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Patents - 35 USC Section 42

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