Statement of Budgetary Resources
The following table displays the USPTO’s
total budgetary resources available for spending over the past four years,
with the related percentage change. Also presented are the human resources
that the USPTO has employed to respond to the increases in patent and
trademark filings. The resources available for spending do not include
amounts that were not available through September 30, 2005, but will become
available for spending on October 1, 2005.
Budgetary Resources Available for Spending
(Dollars in Millions)
Budgetary
Resources Available for Spending
(dollars in millions) |
$ 1,146.7 |
$1,193.0 |
$1,235.2 |
$1,511.1 |
| Percentage Change |
9.2% |
4.0% |
3.5% |
22.3% |
 |
| Patent Examiners |
3,538 |
3,579 |
3,681 |
4,177 |
| Percentage Change |
15.6% |
1.2% |
2.8% |
13.5% |
|
| Trademark Examining Attorneys |
258 |
256 |
286 |
357 |
| Percentage Change |
(33.7)% |
(0.8)% |
11.7% |
24.8% |
|
As evident from the above table, total budgetary resources available
for spending increased significantly in FY 2005, a 22.3 percent increase
over the prior fiscal year and only a 31.8 percent increase over the past
three fiscal years. This increase in available budgetary resources was
partially used to fund the increased cost of additional human capital
to address the growing average complexity of patent applications and the
increase in patent and trademark filings.
Patent and Trademark Filings
| Patent Filings |
353,394 |
355,418 |
378,984 |
409,532 |
| Percentage Change |
2.5% |
0.6% |
6.6% |
8.1% |
|
| Trademark Filings |
258,873 |
267,218 |
298,489 |
323,501 |
| Percentage Change |
(12.7)% |
3.2% |
11.7% |
8.4% |
|
The increase in available budgetary resources also allows the USPTO to
apply additional funds towards the accomplishment of strategic goals and
other initiatives that are associated with the performance goals contained
in the 21st Century Strategic Plan and the PMA. The plan aims
to transform the USPTO into a quality-focused, highly productive, responsive
organization supporting a market-driven intellectual property system.
The USPTO fee collections did not exceed the fee appropriation of $1,554.8
million during FY 2005, therefore the USPTO was able to spend all $1,497.2
million of fees collected during the year. The USPTO did not meet planned
fee collections primarily due to a decrease in patent claims fees because
the number of claims submitted in patent applications were less than planned,
and a decrease in patent issue fees, attributed to an enhanced emphasis
on quality and a reduction in patent allowance rates. The FY 2005 fee
collections increased 13.3 percent over FY 2004 collections of $1,321.0
million, of which $1,222.5 million was appropriated. This increase in
collections is due to an increase in patent and trademark application
filings, the revision of patent and trademark fees in general, as well
as the separation of the patent application fee into a separate filing
fee, search fee, and examination fee.
As defined earlier, temporarily unavailable fee collections occur when
the USPTO is not appropriated the authority to spend all fees collected
during a given year. During FY 2005, the USPTO did not collect any fee
collections that were designated as temporarily unavailable. As a result,
the $516.5 million in temporarily unavailable fee collections at the end
of FY 2004 remained the same through FY 2005.
The below chart illustrates amounts that Congress has appropriated to
the USPTO over the past four fiscal years, as well as the cumulative unavailable
fee collections.
Temporary Unavailable Fee Collections
(Dollars in Millions)
| Fiscal year fee collections |
$ 1,150.8 |
$ 1,193.7 |
$ 1,321.0 |
$ 1,497.2 |
| Fiscal year collections appropriated |
(843.7) |
(1,015.2) |
(1,222.5) |
(1,497.2) |
| Reductions - Rescissions |
(0.6) |
-
|
77.0
|
-
|
| Fiscal year unavailable collections |
$ 306.5 |
$ 178.5 |
$ 175.5 |
$ - |
| Prior
year collections unavailable |
305.1 |
329.3 |
341.0 |
516.5 |
| Prior
year collections subsequently appropriated |
(282.3)
|
(166.8)
|
-
|
-
|
| Cumulative
temporarily unavailable fee collections |
$ 329.3
 |
$ 341.0
|
$ 516.5
|
$ 516.5
|
|
In addition to these annual restrictions, collections of $233.5 million
are unavailable in accordance with OBRA of 1990, and deposited in a special
fund receipt account at the U.S. Department of the Treasury.
|
