US Code

Public Law 119-73 (01/23/2026)

35 U.S.C. § 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)
(1)
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, subject to paragraph (3), be available to the Director to carry out the activities of the Patent and Trademark Office.
(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 this title, 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 proportionate share of the administrative costs of the Office.
(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 proportionate share of the administrative costs of the 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.

July 19, 1952, ch. 95066 Stat. 796Pub. L. 94–131, § 489 Stat. 690Pub. L. 96–517, § 394 Stat. 3018Pub. L. 97–247, § 3(g)96 Stat. 319Pub. L. 97–258, § 3(i)96 Stat. 1065Pub. L. 102–204105 Stat. 1637Pub. L. 105–358, § 4112 Stat. 3274Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4205, 4732(a)(10)(A)]113 Stat. 1536Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B)116 Stat. 1906Pub. L. 112–29, § 22(a)125 Stat. 336Pub. L. 112–274, § 1(j)126 Stat. 2457(, ; , , ; , , ; , , ; , , ; , §§ 4, 5(e), , , 1640; , , ; , , , 1501A–555, 1501A–582; , , ; , , ; , , .)

Historical and Revision Notes

Mar. 6, 1920, ch. 94, § 141 Stat. 503Based on Title 35, U.S.C., 1946 ed., § 79 ( (part), , 512).

Language has been changed.

Editorial Notes

References in Text

section 1113 of Title 15Section 31 of the Trademark Act of 1946, referred to in subsec. (c)(3)(B), is classified to , Commerce and Trade.

Amendments

Pub. L. 112–274, § 1(j)(1)2013—Subsec. (c)(3)(A). , 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”.

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

Pub. L. 112–292011—Subsec. (c). 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).

Pub. L. 107–273Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]2002—Subsecs. (a), (b). made technical correction to directory language of . See 1999 Amendment note below.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]Pub. L. 107–2731999—Subsecs. (a), (b). , as amended by , substituted “Director” for “Commissioner”.

Pub. L. 106–113Subsec. (c). 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”.

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

Pub. L. 105–3581998—Subsec. (c). 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.”

Pub. L. 102–204, § 5(e)15 U.S.C. 11131991—Subsec. (c). , 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 (), shall be used exclusively for the processing of trademark registrations and for other services and materials related to trademarks.”

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

Pub. L. 97–258section 725e of title 311982—Subsec. (b). struck out “, the provisions of , United States Code, notwithstanding” after “United States”.

Pub. L. 97–24715 U.S.C. 1113Subsec. (c). inserted provision that fees available to the Commissioner under section 31 of the Trademark Act of 1946, as amended (), be used exclusively for the processing of trademark registrations and for other services and materials related to trademarks.

Pub. L. 96–5171980— 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).

Pub. L. 94–1311975— inserted “, except as provided in sections 361(b) and 376(b) of this title,”.

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

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

Effective Date of 2011 Amendment

Pub. L. 112–29, § 22(b)125 Stat. 336

“The amendments made by this section [amending this section] shall take effect on .”
, , , provided that:

Effective Date of 1999 Amendment

Pub. L. 106–113Pub. L. 106–113section 1 of this titleAmendment by section 1000(a)(9) [title IV, § 4732(a)(10)(A)] of effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under .

Effective Date of 1998 Amendment

Pub. L. 105–358section 5 of Pub. L. 105–358section 41 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1982 Amendment

Pub. L. 97–247section 17(a) of Pub. L. 97–247section 41 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1980 Amendment

Pub. L. 96–517section 8(c) of Pub. L. 96–517section 41 of this titleAmendment by effective on first day of first fiscal year beginning on or after one calendar year after , 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 , set out as a note under .

Effective Date of 1975 Amendment

Pub. L. 94–131section 11 of Pub. L. 94–131section 351 of this titleAmendment by effective , and applicable on and after that date to patent applications filed in the United States and to international applications, where applicable, see , set out as an Effective Date note under .

Authorization of Amounts Available to the Patent and Trademark Office

Pub. L. 107–273, div. C, title III, § 13102116 Stat. 1899

“(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)
15 U.S.C. 1051 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 ( et seq.) (commonly referred to as the Trademark Act of 1946).
“(b)

Estimates .—

Pub. L. 107–273Not 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 (§§ 13101–13106) of title III of div. C of , 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.”
, , , provided that:

Appropriations Authorized To Be Carried Over

Pub. L. 100–703, title I, § 102102 Stat. 4674

15 U.S.C. 1051“Amounts appropriated under this Act and such fees as may be collected under title 35, United States Code, and the Trademark Act of 1946 ( and following) may remain available until expended.”
, , , provided that:

Similar provisions were contained in the following prior authorization act:

Pub. L. 99–607, § 2100 Stat. 3470, , .