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100 STAT. 3470 PUBLIC LAW 99-607—NOV. 6, 1986

Public Law 99-607 99th Congress

An Act

Nov. 6, 1986 To authorize appropriations for the Patent and Trademark Office in the [H.R, 2434] Department of Commerce, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. AUTHORIZATION OF APPROPRIATIONS.

(a) PURPOSES AND AMOUNTS.—There are authorized to be appro- priated to the Patent and Trademark Office—

(1) for salaries and necessary expenses, $101,631,000 for fiscal year 1986, $110,400,000 for fiscal year 1987, and $111,900,000 for fiscal year 1988; and

(2) such additional amounts as may be necessary for each such fiscal year for increases in salary, pay, retirement, and other employee benefits authorized by law.

Ot)) REDUCTION OF PATENT FEES.—(1) Amounts appropriated under subsection (a) shall be used to reduce by 50 per centum each fee paid on or after October 1, 1985, under section 41(a) or 410t)) of title 35, United States Code, by—

(A) an independent inventor or nonprofit organization as defined in regulations prescribed by the Commissioner of Pat- ents and Trademarks, or

Small business. (B) a small business concern as defined under section 3 of the Small Business Act (15 U.S.C. 632).

(2) Section 41 of title 35, United States Code, is amended by adding at the end the following new subsection:

Small business. "(h)(1) Fees charged under subsection (a) or (b) shall be reduced by 50 percent with respect to their application to any small business concern as defined under section 3 of the Small Business Act, and to any independent inventor or nonprofit organization as defined in regulations issued by the Commissioner of Patents and Trademarks.

'(2) With respect to its application to any entity described in paragraph (1), any surcharge or fee charged under subsection (c) or (.d) shall not be higher than the surcharge or fee required of any other entity under the same or substantially similar circumstances.".

35 u s e 42 note. SEC. 2. APPROPRIATIONS AUTHORIZED TO BE CARRIED OVER.

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.

15 u s e 1113 SEC. 3. OVERSIGHT OF AND LIMITATIONS ON TRADEMARK AND CERTAIN note. PATENT FEES.

(a) TRADEMARK FEES.—The Commissioner of Patents and Trade- marks may not, during fiscal years 1986, 1987, and 1988, increeise fees established under section 31 of the Trademark Act of 1946 (15 U.S.C. 1113) except for purposes of making adjustments which in the

PUBLIC LAW 99-607—NOV. 6, 1986 100 STAT. 3471

aggregate do not exceed fluctuations during the previous three years in the Consumer Price Index, as determined by the Secretary of Labor. The Commissioner also may not establish additional fees under such section during such fiscal years.

(b) PATENT FEES.—The Commissioner of Patents and Trademarks 35 USC 41 note, may not, during fiscal years 1986, 1987, and 1988, increase fees established under section 41(d) of title 35, United States Code, except for purposes of making adjustments which in the aggregate do not exceed fluctuations during the previous 3 years in the Consumer Price Index, as determined by the Secretary of Labor. The Commis- sioner also may not establish additional fees under such section during such fiscal years.

(c) REPORT TO CONGRESS.—The Secretary of Commerce shall, on 35 use 14 note, the day 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.^' .'

(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 activi- ties 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.

SEC. 4. FEES FOR USE OF SEARCH ROOMS AND LIBRARIES PROHIBITED. 35 USC 41 note.

The Commissioner of Patents and Trademarks may not impose a fee for use of public patent or trademark search rooms and libraries. The costs of such rooms and libraries shall come from amounts appropriated by Congress.

SEC. 5. CONGRESSIONAL OVERSIGHT AND LIMITATIONS ON THE USE OF FEE REVENUES FOR PROPOSED PURCHASE OF AUTOMATED DATA PROCESSING SYSTEMS.

(a) FUNDING OF AUTOMATED DATA PROCESSING RESOURCES.— (1) ALLOCATIONS.—Of amounts available to the Patent and

Trademark Office for automatic data processing resources for fiscal years 1987 and 1988, not more than 30 percent of such amounts in each such fiscal year may be from fees collected under section 31 of the Trademark Act of 1946 (15 U.S.C. 1113) and section 41 of title 35, United States Code. The Commissioner of Patents and Trademarks shall notify the Committees on the Judiciary of the Senate and the House of Representatives of any proposed reprogrammings which would increase or decrease the amount of appropriations expended for automatic data process- ing resources.

(2) USE OF REVENUES BY PATENT AND TRADEMARK OFFICE.— Except as otherwise specifically provided in this Act and section 42(c) of title 35, United States Code, the Patent and Trademark Office is authorized to use appropriated or apportioned fee revenues for any of its operations or activities.

(b) REPORT BY COMMISSIONER ON IMPLEMENTATION AUTOMATION PLAN.—At least 90 calendar days before the date of implementation of each key deployment decision provided for in the revised master

71_igA 0 - ?9 - 37 : QL. 3 PartA

100 STAT. 3472 PUBLIC LAW 99-607—NOV. 6, 1986

Contracts. Reports.

Contracts. International organizations. 35 u s e 6 note.

automation plan that was approved by the Secretary of Commerce and the Director of the Office of Management and Budget and that was submitted, in February 1986, to the Committees on the Judiciary of the Senate and the House of Representatives, the Commissioner of Patents and Trademarks shall report the proposed implementation to those committees. Each key deployment decision shall be approved by the designated Senior Official for Information Resources Management of the Department of Commerce before the report on the decision is made under the preceding sentence. Each such report on a key deployment decision shall include the cost and method of financing the deployment decision, including, where appropriate, a comparison with the cost benefit analysis contained in the revised automation master plan, as well as such other information as the committees consider necessary.

(c) PROHIBITION ON NEW OBUGATIONS.—The Patent and Trade- mark Office may not enter into any new contract, or obligate any funds, to implement a key deployment decision described in subsec- tion (b) until the expiration of 90 calendar days after the report with respect to such deployment decision is submitted under such subsection.

(d) EFFECTIVE DATE.—Subsections (b) and (c) take effect on Janu- ary 1,1987.

SEC. 6. USE OF EXCHANGE AGREEMENTS RELATING TO AUTOMATIC DATA PROCESSING RESOURCES PROHIBITED.

The Commissioner of Patents and Trademarks may not enter into new agreements for the exchange of items or services (as authorized under section 6(a) of title 35, United States Code) relating to auto- matic data processing resources (including hardware, software and related services, and machine readable data) during fiscal years 1986, 1987, and 1988, nor continue existing agreements for the exchange of such items or services after April 1, 1987. This section shall not apply to any agreement relating to data for automation programs entered into with a foreign government or with an inter- nationed intergovernmental organization.

Approved November 6, 1986. . ' ' ' '

LEGISLATIVE HISTORY—H.R. 2434:

HOUSE REPORTS: No. 99-104 (Comm. on the Judiciary). SENATE REPORTS: No. 99-305 (Comm. on the Judiciary). CONGRESSIONAL RECORD:

Vol. 131 (1985): June 24, considered and passed House. Vol. 132 (1986): June 6, considered and passed Senate, amended.

Oct. 2, House concurred in certain Senate amendments, in others with amendments.

Oct. 18, Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986):

Nov. 6, Presidential statement.