§ 42. Patent and Trademark Office funding

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1952

   July 19, 1952, ch. 950, 66 Stat. 796 · 66 Stat. 796

   Enacted · 35 U.S.C. § 42

   July 19, 1952, ch. 950, 66 Stat. 796

   Source evidence

   Code source credit
   July 19, 1952, ch. 950, 66 Stat. 796

2. 1975

   Pub. L. 94–131 § 4 · 89 Stat. 685

   Inserted · 35 U.S.C. § 42

   Pub. L. 94–131 inserted “, except as provided in sections 361(b) and 376(b) of this title,”

   Source evidence

   Code amendment note
   Pub. L. 94–131 inserted “, except as provided in sections 361(b) and 376(b) of this title,”.

   Enacted provision · exact public law section
   Sec. 4. Section 42 of title 35, United States Code, is amended to read as follows: “§42. Payment of patent fees; return of excess amounts Post, p. 691. Ante, p. 686. Supra, “All patent fees shall be paid to the Commissioner who, except as provided in sections 361(b) and 376(b) of this title, shall deposit the same in the Treasury of the United States in such manner as the Secretary of the Treasury directs, and the Commissioner may refund any sum paid by mistake or in excess of the fee required by law.”.

3. 1980

   Pub. L. 96–517 § 3 · 94 Stat. 3015

   1. Amended · 35 U.S.C. § 42

      Pub. L. 96–517 designated existing provision relating to payment of patent fees as subsec. (a)

   2. Struck · 35 U.S.C. § 42

      Pub. L. 96–517 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

   3. Amended · 35 U.S.C. § 42

      Pub. L. 96–517 designated existing provision relating to return of excess amounts paid as subsec. (d)

   4. Added · 35 U.S.C. § 42

      Pub. L. 96–517 added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   Sec. 3. Section 42 of title 35, United States Code, is amended to read as follows: “§ 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 Commissioner. “(b) All fees paid to the Commissioner 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, the provisions of section 725e of title 31, United States Code, notwithstanding. “(c) 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. “(d) The Commissioner may refund any fee paid by mistake or any amount paid in excess of that required.”.

4. 1982

   Pub. L. 97–247 § 3(g) · 96 Stat. 317

   Inserted · 35 U.S.C. § 42(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (g) Section 42(c) of title 35, United States Code, is amended by adding the following sentence at the end thereof: “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.”.

5. 1982

   Pub. L. 97–258 § 3(i) · 96 Stat. 1065

   Struck · 35 U.S.C. § 42(b)

   Pub. L. 97–258 struck out “, the provisions of section 725e of title 31, United States Code, notwithstanding” after “United States”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–258 struck out “, the provisions of section 725e of title 31, United States Code, notwithstanding” after “United States”.

6. 1991

   Patent and Trademark Office Authorization Act of 1991

   Pub. L. 102–204 § 5(e) · 105 Stat. 1636

   Amended · 35 U.S.C. § 42(c)

   Pub. L. 102–204, § 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.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 102–204, § 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.”

   Enacted provision · exact public law section
   (e) Use of Fees.— Subsection 42(c) of title 35, United States Code is amended to read as follows: “(c) 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. Fees available to the Commissioner under section 31 of the Trademark Act of 1946 may 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.”.

7. 1991

   Patent and Trademark Office Authorization Act of 1991

   Pub. L. 102–204 § 4 · 105 Stat. 1636

   Added · 35 U.S.C. § 42(e)

   Pub. L. 102–204, § 4, added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 102–204, § 4, added subsec. (e).

   Enacted provision · exact public law section
   SEC. 4. OVERSIGHT OF PATENT AND TRADEMARK FEES. Section 42 of title 35, United States Code, is amended by adding at the end the following: “(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.”.

8. 1998

   United States Patent and Trademark Office Reauthorization Act, Fiscal Year 1999

   Pub. L. 105–358 § 4 · 112 Stat. 3272

   Substituted · 35 U.S.C. § 42(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   SEC. 4. AUTHORIZATION OF COLLECTION AND EXPENDITURE. Section 42(c) of title 35, United States Code, is amended by striking the first sentence and inserting the following: “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 Commissioner shall be collected by and shall be available to the Commissioner to carry out the activities of the Patent and Trademark Office.”.

9. 1999

   District of Columbia Appropriations Act, 2000

   Pub. L. 106–113 § 1000(a)(9)(tIV)(s4732)(a)(10)(A) · 113 Stat. 1501

   1. Amended · 35 U.S.C. § 42(a); 35 U.S.C. § 42(b)

      Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273

   2. Substituted · 35 U.S.C. § 42(a); 35 U.S.C. § 42(b)

      Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as substituted “Director” for “Commissioner”

   Source evidence

   Code amendment note
   Subsecs. (a), (b). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”.

10. 1999

    District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 div. B § 1000(a)(9)(tIV)(s4205) · 113 Stat. 1501

    1. Substituted · 35 U.S.C. § 42(c)

       Pub. L. 106–113 substituted “Director” for “Commissioner” wherever appearing and, in second sentence

    2. Substituted · 35 U.S.C. § 42(c)

       Pub. L. 106–113 substituted “All fees available” for “Fees available”

    3. Substituted · 35 U.S.C. § 42(c)

       Pub. L. 106–113 substituted “shall be used” for “may be used”

    Source evidence

    Code amendment note
    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”.

11. 1999

    District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 § 1000(a)(9)(tIV)(s4732)(a)(10)(A) · 113 Stat. 1501

    Substituted · 35 U.S.C. § 42(d)

    Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], substituted “Director” for “Commissioner”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], substituted “Director” for “Commissioner”.

12. 2002

    Intellectual Property and High Technology Technical Amendments Act of 2002

    Pub. L. 107–273 div. C title III § 13206(b)(1)(B) · 116 Stat. 1758

    Changed · 35 U.S.C. § 42(a); 35 U.S.C. § 42(b)

    Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below.

    Enacted provision · exact public law section
    (B) in paragraph (10)(A), by inserting after “title 35, United States Code,” the following: “other than sections 1 through 6 (as amended by chapter 1 of this subtitle),”.

13. 2011

    Pub. L. 112–29 § 22(a) · 125 Stat. 336

    1. Amended · 35 U.S.C. § 42(c)

       Pub. L. 112–29 designated existing provisions as par. (1)

    2. Substituted · 35 U.S.C. § 42(c)

       Pub. L. 112–29 substituted “shall, subject to paragraph (3), be available” for “shall be available”

    3. Struck · 35 U.S.C. § 42(c)

       Pub. L. 112–29 struck out at end “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.”

    4. Added · 35 U.S.C. § 42(c)

       Pub. L. 112–29 added pars. (2) and (3)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 112–29 designated existing provisions as par. (1), substituted “shall, subject to paragraph (3), be available” for “shall be available”, struck out at end “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.”, and added pars. (2) and (3).

    Enacted provision · exact public law section
    (a) In General.— Section 42(c) of title 35, United States Code, is amended— (1) by striking “(c)” and inserting “(c)(1)”; (2) in the first sentence, by striking “shall be available” and inserting “shall, subject to paragraph (3), be available”; (3) by striking the second sentence; and (4) by adding at the end the following: “(2) There is established in the Treasury a Patent and Trademark Fee Reserve Fund. If fee collections by the Patent and Trademark Office for a fiscal year exceed the amount appropriated to the Office for that fiscal year, fees collected in excess of the appropriated amount shall be deposited in the Patent and Trademark Fee Reserve Fund. To the extent and in the amounts provided in appropriations Acts, amounts in the Fund shall be made available until expended only for obligation and expenditure by the Office in accordance with paragraph (3). “(3) (A) Any fees that are collected under sections 41, 42, and 376, and any surcharges on such fees, may only be used for expenses of the Office relating to the processing of patent applications and for other activities, services, and materials relating to patents and to cover a share of the administrative costs of the Office relating to patents. “(B) Any fees that are collected under section 31 of the Trademark Act of 1946, and any surcharges on such fees, may only be used for expenses of the Office relating to the processing of trademark registrations and for other activities, services, and materials relating to trademarks and to cover a share of the administrative costs of the Office relating to trademarks.” .

14. 2013

    Pub. L. 112–274 § 1(j)(1) · 126 Stat. 2456

    1. Substituted · 35 U.S.C. § 42(c)(3)(A)

       Pub. L. 112–274, § 1(j)(1), substituted “this title,” for “sections 41, 42, and 376,”

    2. Substituted · 35 U.S.C. § 42(c)(3)(A)

       Pub. L. 112–274, § 1(j)(1), substituted “a proportionate share of the administrative costs of the Office” for “a share of the administrative costs of the Office relating to patents”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(A). Pub. L. 112–274, § 1(j)(1), substituted “this title,” for “sections 41, 42, and 376,” and “a proportionate share of the administrative costs of the Office” for “a share of the administrative costs of the Office relating to patents”.

    Enacted provision · exact public law section
    (1) in subparagraph (A)— (A) by striking “sections 41, 42, and 376,” and inserting “this title,”; and (B) by striking “a share of the administrative costs of the Office relating to patents” and inserting “a proportionate share of the administrative costs of the Office”; and

    Effective date note
    Amendment by Pub. L. 112–274 effective Jan. 14, 2013, and applicable to proceedings commenced on or after such date, see section 1(n) of Pub. L. 112–274, set out as a note under section 5 of this title.

15. 2013

    Pub. L. 112–274 § 1(j)(2) · 126 Stat. 2456

    Substituted · 35 U.S.C. § 42(c)(3)(B)

    Pub. L. 112–274, § 1(j)(2), substituted “a proportionate share of the administrative costs of the Office” for “a share of the administrative costs of the Office relating to trademarks”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(B). Pub. L. 112–274, § 1(j)(2), substituted “a proportionate share of the administrative costs of the Office” for “a share of the administrative costs of the Office relating to trademarks”.

    Enacted provision · exact public law section
    (2) in subparagraph (B), by striking “a share of the administrative costs of the Office relating to trademarks” and inserting “a proportionate share of the administrative costs of the Office”.

    Effective date note
    Amendment by Pub. L. 112–274 effective Jan. 14, 2013, and applicable to proceedings commenced on or after such date, see section 1(n) of Pub. L. 112–274, set out as a note under section 5 of this title.

17 of 25 references resolved to an enrolled provision · 8 partial