The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“U.S. PATENT AND TRADEMARK OFFICE FUNDING” mentioning the U.S. Dept. of Commerce was published in the Extensions of Remarks section on pages E1671-E1672 on July 8, 2009.
The publication is reproduced in full below:
U.S. PATENT AND TRADEMARK OFFICE FUNDING
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speech of
HON. JAMES P. MORAN
of virginia
in the house of representatives
Tuesday, July 7, 2009
Mr. MORAN of Virginia. Mr. Speaker, I rise in strong support of H.R. 3114, and commend the Chairman for his leadership in acting so swiftly to rectify this situation.
The U.S. Patent & Trademark Office, located in my District, is funded entirely by the user fees it collects; it does not draw any taxpayer funds from the general Treasury.
Like many other businesses and industries, the PTO has seen significant reductions in its revenues as a result of economic belt-
tightening by its customers. In response, PTO has already enacted over
$140 million in budget cuts and cost-savings measures. PTO has instituted a hiring freeze, curtailed non-bargaining unit performance awards, stopped overtime for many workers and significantly reduced contracts, travel, supplies and other non-essential overhead expenses.
In the meantime, we must ensure that the USPTO can continue to maintain its personnel level and perform its critical mission of examining and granting patents that promote innovation and create jobs. As a result, a serious budget situation has developed. Absent adoption of this legislation approximately 9,000 patent office employees would be subject to furloughs during the last pay period of FY09 (last two weeks of September).
The Department of Commerce is monitoring the situation on a daily basis, and out of an abundance of caution, and to prevent a possible violation of federal law, the Department of Commerce is asking for a one-time funding fix from Congress to avoid the furlough of Patent Office employees.
The Trademark Office, as distinct from the Patent Office, within PTO has a surplus of $60-$70 million. Without asking for new monies from Congress, the Treasury, or other agency programs funds, this bill before us would provide an immediate and one-time-only borrowing option that is accompanied by a statutory repayment period. In 1999 and 2005, the opposite situation occurred, and the Trademark Office received assistance from Patents totaling $24 million.
In order for Americans to prevail against this economic downturn, and to remain competitive globally, we need to ensure new technologies, innovation, and products are fully funded. The new concepts and ideas promoted by the work of PTO are drivers for American economic recovery and growth.
At such a time as this, America should be looking for its next Thomas Edison, Bill Gates, or Steve Jobs.
This bill simply lets the USPTO's patent operation borrow from an existing balance held by the trademark operation, and only if reasonably necessary to avoid employee furloughs or a reduction in force. Payback of any borrowed funds is assured by a temporary surcharge on patent fees.
This is a crucial juncture for the PTO. We need to remain at the cutting edge of global technological progress and achievement, or we risk lagging behind other nations.
The bill amounts to an insurance policy for the USPTO to make sure it can cover its payroll for over 9,000 federal employees. I ask my colleagues to support it.
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