102 STAT. 4674 PUBLIC LAW 100-703—NOV. 19, 1988
Public Law 100-703 100th Congress
An Act
Nov. 19, 19oo -po authorize appropriations for the Patent and Trademark Office in the Department [H.R. 4972] 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,
TITLE I—PATENT AND TRADEMARK OFFICE AUTHORIZATIONS
SECTION 101. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Patent and Trade- mark Office—
(1) for salaries and necessary expenses, $117,504,000 for fiscal year 1989, $125,210,000 for fiscal year 1990, and $111,984,000 for fiscal year 1991; 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.
35 u s e 42 note. SEC. 102. 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.
SEC. 103. OVERSIGHT OF AND ADJUSTMENTS TO TRADEMARK AND PATENT FEES.
15 use 1113 (a) TRADEMARK FEES.—The Commissioner of Patents and Trade- note, marks may not, during fiscal years 1989, 1990, and 1991, increase
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 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.
35 use 41 note. (b) PATENT FEES.—The Commissioner of Patents and Trademarks may not, during fiscal years 1989, 1990, and 1991, 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 three 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.
35 use 14 note. (c) REPORT TO CONGRESS.—The Secretary of Commerce shall, on the day on which the President submits the annual budget to the Congress, provide to the Committees on the Judiciary of tne Senate and the House of Representatives—
(Da 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
PUBLIC LAW 100-703—NOV. 19, 1988 102 STAT. 4675
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. 104. PUBLIC ACCESS TO PATENT AND TRADEMARK OFFICE INFOR- MATION.
(a) REPEAL.—Section 4 of Public Law 99-607 (35 U.S.C. 41 note) is repealed.
(b) MAINTENANCE OF COLLECTIONS.—The Commissioner of Patents 35 USC 41 note, and Trademarks shall maintain, for use by the public, paper or microform collections of United States patents, foreign patent docu- ments, and United States trademark registrations arranged to permit search for and retrieval of information. The Commissioner may not impose fees for use of such collections, or for use of public patent or trademark search rooms or libraries. Funds appropriated to the Patent and Trademark Office shall be used to maintain such collections, search rooms, and libraries.
(c) FEES FOR ACCESS TO SEARCH SYSTEMS.—Subject to section 105(a), 35 use 4i note, the Commissioner of Patents and Trademarks may establish reason- able fees for access by the public to automated search systems of the Patent and Trademark Office in accordance with section 41 of title 35, United States Code, and section 31 of the Trademark Act of 1946 (15 U.S.C. 1113). If such fees are established, a limited amount of free access shall be made available to all users of the systems for purposes of education and training. The Commissioner may waive the payment by an individual of fees authorized by this subsection upon a showing of need or hardship, and if such waiver is in the public interest.
SEC. lOiS. FUNDING OF AUTOMATED DATA PROCESSING RESOURCES.
(a) ALLOCATIONS.—Of amounts available to the Patent and Trade- mark Office for automatic data processing resources for fiscal years 1989, 1990, and 1991, 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 processing resources.
(b) USE OF REVENUES BY PATENT AND TRADEMARK OFFICE.—Except as otherwise specifically provided in this Act, Public Law 99-607, and section 42(c) of title 35, United States Code, the Patent and Trade- mark Office is authorized to use appropriated or apportioned fee revenues for any of its operations or activities.
SEC. 106. USE OF EXCHANGE AGREEMENTS RELATING TO AUTOMATIC 35 USC 6 note DATA PROCESSING RESOURCES PROHIBITED.
The Commissioner of Patents and Trademarks may not, during fiscal years 1989, 1990, and 1991, enter into any agreement for the exchange of items or services (as authorized under section 6(a) of title 35, United States Code) relating to automatic data processing resources (including hardware, software and related services, and
102 STAT. 4676 PUBLIC LAW 100-703—NOV. 19, 1988
machine readable data), and the Commissioner may not, on or after the date of the enactment of this Act, continue existing agreements for the exchange of such items or services. The preceding sentence shall not apply to an agreement relating to data for automation programs which is entered into with a foreign government or with an international intergovernmental organization.
TITLE II—PATENT MISUSE REFORM SEC. 201. PERMISSIBLE ACTS BY PATENT OWNER.
Section 271(d) of title 35, United States Code, is amended by striking out the period at the end thereof and inserting in lieu thereof the following: "; (4) refused to license or use any rights to the patent; or (5) conditioned the license of any rights to the patent or the sale of the patented product on the acquisition of a license to rights in another patent or purchase of a separate product, unless, in view of the circumstances, the patent owner has market power in the relevant market for the patent or patented product on which the license or sale is conditioned.".
35 u s e 271 note. SEC. 202. EFFECTIVE DATE.
\ The amendment made by this title shall apply only to cases filed on or after the date of the enactment of this Act.
Approved November 19, 1988.
LEGISLATIVE HISTORY—H.R. 4972:
CONGRESSIONAL RECORD, Vol. 134 (1988): Oct. 5, considered and passed House. Oct. 14, considered and passed Senate, amended. Oct. 20, House concurred in Senate amendment with an amendment. Oct. 21, Senate concurred in House amendment.
o