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U.S. Patent and Trademark Office FY 2010 Budget in Brief 105 U.S. Patent and Trademark Office The mission of the U.S.
Patent and Trademark Office (USPTO) is to foster innovation and competitiveness by providing high quality and timely examination of patent and trademark applications, guiding domestic and international intellectual property (IP) policy, and delivering IP information and education worldwide. This mission is accomplished by the USPTO through its two distinct business lines, Patents and Trademarks, which administer the patent and trademark laws [15 U.S.C. 113 and 35 U.S.C.
41 and 376]. These laws provide protection to inventors and businesses for their inventions and corporate and product identifications, and encourage innovation and scientific and technical advancement of American industry through the preservation, classification, and dissemination of patent and trademark information. In addition to the examination of applications for patents and trademark registrations, the USPTO provides technical advice and information to Executive Branch agencies on IP matters and trade-related aspects of IP rights, and assists governments of other countries in establishing regulatory and enforcement mechanisms to meet their international obligations relating to the protection of IP.
Funding requested for FY 2010 focuses on improving the quality and timeliness of Patent and Trademark processes. Summary of ... more.
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Appropriations Funding Levels 2008 2009 2010 Increase Actual Estimate Estimate (Decrease) New Offsetting Collections/Program Level* $1,879,295 $1,900,950 $1,930,361 $29,411 Fee Collections (1,879,295) (1,900,950) (1,930,361) (29,411) TOTAL APPROPRIATION 0 0 0 0 Transfer to DM S&E for NIPLECC (1,000) 0 0 0 Transfer to IG 0 (2,000) 0 2,000 Budget Authority New Offsetting Collections/Program Level* 1,878,295 1,898,950 1,930,361 31,411 Fee Collections (1,879,295) (1,900,950) (1,930,361) (29,411) Total Budget Authority 2 (1,000) (2,000) 0 2,000 FTE 8,962 9,691 9,552 (139) * Excludes collections for reimbursables. 1 Current fee estimates are below FY2009 estimate 2 The FY 2009 Budget Authority has been adjusted.<br><br> As a result, the total shown is different from the total reflected in the FY 2010 budget appendix estimate for FY 2009. Total Funding and FTE 1,930.4 1,879.3 1,901.0 9,552 8,962 9,691 1,500 1,700 1,900 2,100 2,300 2,500 2,700 2,900 2008 2009 2010 Dollars in Millions 6,000 7,000 8,000 9,000 10,000 11,000 FTE Funding FTE U.S. Patent and Trademark Office 106 FY 2010 Budget in Brief Highlights of Budget Changes Appropriation: Salaries and Expenses Summary of Requirements Detailed Summary FTE Amount FTE Amount 2009 Enacted Appropriation $0 2009 Enacted fee collections 9,770 2,010,100 Adjustment to reflect re-estimate of USPTO fee collections (79) (109,150) Fee collections in 2009 9,691 1,900,950 Funds currently available, 2009 9,691 1,900,950 Adjustments to Base Other Changes 2009 Pay raise $12,697 2010 Pay raise 16,684 Other Comp Adjustments to tie to Comp Model 18,407 Civil Service Retirement System (CSRS) (2,128) Federal Employees' Retirement System (FERS) 3,405 Thrift Savings Plan 608 Federal Insurance Contributions Act (FICA) - OASDI 1,988 Health insurance 1,372 Travel 30 Rent payments to GSA 2,419 Printing and reproduction 198 Mandatory Requirements 1) 971 General Pricing Level Adjustment: 2,449 Subtotal, Adjustments to Base (139) 59,100 Less: Cost Saving Measures (29,689) TOTAL, ADJUSTMENTS TO BASE (139) 29,411 2010 Base 9,552 1,930,361 TOTAL REQUIREMENTS 9,552 1,930,361 Total Offsetting Fee Collections (1,930,361) 2010 NET APPROPRIATION 0 2 Offsets and cost reductions as a result of a comprehensive review.<br><br> 1 Increased portion of post-retirement benefits due to Office of Personnel Management as required by USPTO's appropriation and the cost of administering the National Medal of Techology and Innovation Award. U.S. Patent and Trademark Office FY 2010 Budget in Brief 107 Comparison by Activity DIRECT OBLIGATIONS FTE Amount FTE Amount FTE Amount FTE Amount Patents 8,625 $1,691,041 8,501 $1,716,917 8,501 $1,716,917 0 $0 Trademarks 1,066 202,909 1,051 213,444 1,051 213,444 0 0 DIRECT OBLIGATIONS 9,691 1,893,950 9,552 1,930,361 9,552 1,930,361 0 0 Language Restriction on Obligations 5,000 FINANCING Fees (1,900,950) (1,930,361) TOTAL BUDGET AUTHORITY 9,691 (2,000) 9,552 0 Transfers 2,000 0 TOTAL APPROPRIATION 9,691 0 9,552 0 Increase / Decrease 2009 Currently Avail.<br><br> 2010 Base 2010 Estimate Highlights Base Increase / Decrease FTE Amount FTE Amount Patent Process 8,501 $1,716,917 0 $0 Resources requested in FY 2010 will be used for examining patent applications, granting patents, improving quality of the examination process, continued maintenance of automated information systems, and improving patent practices worldwide. Trademark Process 1,051 $216,444 0 $0 The FY 2010 Budget provides resources for examining trademark applications, registering trademarks, maximizing the use of e-government for conducting business with applicants and registrants, and improving trademark practices worldwide. U.S.<br><br> Patent and Trademark Office 108 FY 2010 Budget in Brief USPTO Performance Measures The USPTO supports the Department 9s strategic objective to cprotect intellectual property and improve the patent and trademark systems d. The USPTO focuses on measuring patent and trademark quality and timeliness, and improving IP protection and enforcement domestically and abroad in concert with our focused management priorities. Performance Outcomes and Measures (Dollars reflect obligations in Millions) 2008* 2009* 2010* Actuals Estimate/Target Estimate/Target Outcome 1: Optimize Patent Quality and Timeliness $1,600.2 $1,653.6 $1,688.8 In-process examination compliance rate 92.5% 93.0% 94.0% Allowance compliance rate 96.3% 96.5% 96.5% Patent efficiency (cost per patent production unit) $3,773 3,562 3,372 Average first action pendency (months) 25.6 27.5 26.0 Average total pendency (months) 32.2 37.9 37.3 Applications filed electronically 71.7% 80.0% 85.0% Outcome 2: Optimize Trademark Quality and Timeliness $188.7 $192.7 $195.0 First action compliance rate 95.8% 95.5% 95.5% Final compliance rate 1 N/A 97.0% 97.0% Trademark efficiency (cost per trademark production unit) $470 $639 $654 Average first action pendency (months) 3.0 2.5 to 3.5 2.0 Average total pendency (months) 13.9 Discontinued Discontinued Average total pendency (months) 2 11.8 13.0 11.0 Applications processed electronically 3 N/A 62.0% 62.0% Goal 3: Improve Intellectual Property Protection and Enforcement Domestically and Abroad $45.4 $47.5 $46.5 Percentage of countries on the USTR 301 list, awaiting WTO accession, or targeted by OIPPE for improvements that have positively amended or improved their IP systems 4 N/A 40.0% 50.0% Number of countries that implemented at least 75% of action steps which improve IP protections in the joint cooperation, action or work plans 4 N/A 4 6 Total* $1,834.3 $1,893.9 $1,930.4 *Direct Obligations only 1 3 Final Action Compliance Rate is being replaced in FY 2009 by the Final Compliance Rate which is a more comprehensive measur e of quality to include all actions that would result in an application being completed or disposed 2 3 Average Total Pendency Including Suspended and Inter Partes Proceedings in FY 2009 is replaced by Average Total Pendency Excluding Suspended and Inter Partes Proceedings, which is a better indicator of the amount of time it takes to dispose of the trademark application.<br><br> 3 3 New measure for FY 2009 added to show the rate at which application are processed and disposed using the automated system 4 3 New outcome oriented measure replace previously reported measures