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Performance and Accountability Report Fiscal Year 2008
Financial Section

Table of Contents | Management | Financial | Auditor | IG | Other

Note 10. Earmarked Funds

Earmarked funds are financed by specifically identified revenues, which remain available over time. These specifically identified revenues are required by statute to be used for designated activities, benefits, or purposes, and must be accounted for separately from the Government’s general revenues. At the USPTO, earmarked funds include the salaries and expenses fund and the special fund receipts. Non-entity funds, as disclosed in Note 3, are not earmarked funds and are therefore excluded from the below amounts.

The following tables provide the status of the USPTO’s earmarked funds as of and for the years ended September 30, 2008 and 2007.

Earmarked Funds for FY 2008
(Dollars in Thousands)
  Salaries and Expenses Fund Surcharge Fund Total Earmarked Funds
Balance Sheet as of September 30, 2008      
Fund Balance with Treasury $1,085,288  $233,529 $1,318,817 
Cash      3,399         —      3,399 
Accounts Receivable, Net        517         —        517 
Other Assets    212,173         —    212,173 
single underline
Total Assets $1,301,377   $233,529  $1,534,906 
double underline
Total Liabilities $1,102,302  $      — $1,102,302 
single underline
Cumulative Results of Operations    199,075   233,529    432,604 
single underline
Total Liabilities and Net Position $1,301,377   $233,529  $1,534,906 
double underline

Statement of Net Cost For the Year Ended September 30, 2008
     
Total Program Cost $1,892,590  $      — $1,892,590 
Less Earned Revenue (1,862,174)        — (1,862,174)
single underline
Net Cost of Operations $   30,416  $      — $   30,416 
double underline

Statement of Changes in Net Position For the Year Ended September 30, 2008
     
Net Position, Beginning of Year $  230,491  $233,529 $  464,020 
single underline
Budgetary Financing Sources $   (1,000) $      — $   (1,000)
Net Cost of Operations    (30,416)        —    (30,416)
single underline
Change in Net Position $  (31,416) $      — $  (31,416)
single underline
Net Position, End of Year $  199,075  $233,529 $  432,604 
double underline

 

Earmarked Funds for FY 2007
(Dollars in Thousands)
  Salaries and Expenses Fund Surcharge Fund Total Earmarked Funds
Balance Sheet as of September 30, 2007      
Fund Balance with Treasury $1,068,774  $233,529 $1,302,303 
Cash      5,989         —      5,989 
Accounts Receivable, Net        423         —        423 
Other Assets    210,710         —    210,710 
single underline
Total Assets $1,285,896   $233,529  $1,519,425 
double underline
Total Liabilities $1,055,405  $      — $1,055,405 
single underline
Cumulative Results of Operations    230,491   233,529    464,020 
single underline
Total Liabilities and Net Position $1,285,896   $233,529  $1,519,425 
double underline

Statement of Net Cost For the Year Ended September 30, 2007
     
Total Program Cost $1,769,658  $      — $1,769,658 
Less Earned Revenue (1,735,706)        — (1,735,706)
single underline
Net Cost of Operations $   33,952  $      — $   33,952 
double underline

Statement of Changes in Net Position For the Year Ended September 30, 2007
     
Net Position, Beginning of Year $  264,469  $233,529 $  497,998 
single underline
Budgetary Financing Sources $      (26) $      — $      (26)
Net Cost of Operations    (33,952)        —    (33,952)
single underline
Change in Net Position $  (33,978) $      — $  (33,978)
single underline
Net Position, End of Year $  230,491  $233,529 $  464,020 
double underline

The Salaries and Expenses Fund contains moneys used for the administering of the laws relevant to patents and trademarks and advising the Secretary of Commerce, the President of the United States, and the Administration on patent, trademark, and copyright protection, and trade-related aspects of intellectual property. This fund is used for the USPTO’s three core business activities – granting patents, registering trademarks, and intellectual property protection and enforcement – that promote the use of intellectual property rights as a means of achieving economic prosperity. These activities give innovators, businesses, and entrepreneurs the protection and encouragement they need to turn their creative ideas into tangible products, and also provide protection for their inventions and trademarks. The USPTO may use moneys from this account only as authorized by Congress via appropriations.

The Surcharge Fund was created in FY 1992 through the Patent and Trademark Office Surcharge provision in the OBRA of 1990 (Section 10101, Public Law 101-508). This required that the USPTO impose a surcharge on certain patent fees and set in statute the amounts of money that the USPTO should deposit in a special fund receipt account at the U.S. Department of the Treasury. This surcharge was eliminated in FY 1999. The USPTO may use moneys from this account only as authorized by Congress, and only as made available by the issuance of a Treasury warrant.

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