BUDGETARY RESOURCES AND REQUIREMENTS

The USPTO was provided appropriation authority to spend all planned fee collections in FY 2005. In the past, the appropriation authority was less than fee collections. When spending authority is less than fee collections, the additional fee collections are temporarily unavailable.

The following table presents the source of funds made available to the USPTO, and the use of such funds..

Source and Status of USPTO Funds (Dollars in millions) Source and Status of Funds FY 2002 FY 2003 FY 2004 FY 2005 Source of Funds:         Unobligated Beginning Balance $   11.0  $    5.6  $    3.5  $    2.3 Spending Authority from Offsetting Collections 1,151.8 1,194.7 1,321.7  1,504.2 Recovery of Prior Year Obligations    10.1     5.9    10.4      7.6 Net Increase in Unavailable Fees    (23.3)    (11.7)    (99.9)        – Total Source of Funds $1,149.6  $1,194.5  $1,235.7  $1,514.1 Status of Funds:         Obligations Incurred $1,144.0  $1,191.0  $1,233.4  $1,508.4 Unobligated Balance, Available      2.6       2.0       1.8       2.7 Unobligated Balance, Unavailable      3.0       1.5       0.5       3.0 Total Status of Funds $1,149.6  $1,194.5  $1,235.7  $1,514.1

During FY 2005, total budgetary resources available for spending increased 22.3 percent over the amount available in the preceding year. This significant increase in budgetary resources available for use is depicted by the graph below.

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In FY 2005, USPTO’s fee modernization bill was enacted which increased and changed its fee structure. This allowed greater flexibility and placed the USPTO in a better position to realize the goals of the 21st Century Strategic Plan, including transitioning to a fully electronic operating environment, improving the quality of its services and products, and reducing patent and trademark pendency. Further, the additional funding has enabled the USPTO to increase the number of patent and trademark examiners to assist in addressing the growing average complexity of patent applications and increasing workloads and to allocate additional resources towards protecting intellectual property in the U.S. and abroad.

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