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United States Patent and Trademark Office (view source)
Revision as of 17:25, 3 December 2015
, 17:25, 3 December 2015→Proposed Legislation
The Innovation Protection Act (H.R. 1832)[http://www.ipo.org/wp-content/uploads/2015/02/Draft-Innovation-Protection-Act-As-Introduced.pdf][http://www.gpo.gov/fdsys/pkg/BILLS-114hr1832ih/pdf/BILLS-114hr1832ih.pdf], proposed by Rep. Conyers, D-MI on 4/16/15, provides for the permanent funding of the USPTO through the creation of a revolving fund. The United States Patent and Trademark Office Public Enterprise Fund would replace the current Patent and Trademark Office Appropriation Account; this public enterprise would hold all funds available for USPTO use without the Congressional appropriation requirement. The Patent and Trademark Fee Reserve Fund, created under the AIA, would be terminated after the remaining balance in the fund is transferred to the public enterprise fund.
Under H.R. 1832, the USPTO would still be required to submit an annual budget to the President, an annual report and operation plan to Congress, and an annual spending plan to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate. he The act allows the USPTO to keep and spend all of the fees it collects, even those in excess of current fiscal year projection. However, the USPTO retains its obligation to submit spending reports and budgets.
H.R. 1832 is a reintroduction of H.R. 3349 (2013) [https://www.govtrack.us/congress/bills/113/hr3349], the Innovation Protection Act that Rep. Conyers proposed on 10/28/2013. H.R. 3349 was referred to the House Committee on the Judiciary and subsequently died in committee. The 2013 Innovation Protection Act had 16 cosponsors (10 Democrats and 6 Republicans).