Page:United States Statutes at Large Volume 100 Part 4.djvu/1124

 100 STAT. 3470

PUBLIC LAW 99-607—NOV. 6, 1986

Public Law 99-607 99th Congress Nov. 6, 1986 [H.R, 2434]

An Act To authorize appropriations for the Patent and Trademark Office in the 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-

Small business.

Small business.

35 USC 42 note.

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. (b) 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 Patents and Trademarks, or (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: "(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.". 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 USC 1113 note.

SEC. 3. OVERSIGHT OF AND LIMITATIONS ON TRADEMARK AND CERTAIN 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

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