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Collage showing images with one-word descriptors from the U S P T O Fiscal Year 2008 Performance and Accountability Report cover that reinforces the reportís tagline of Transforming for the Future Today.
Performance and Accountability Report Fiscal Year 2008
Financial Section

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

Note 14. Commitments and Contingencies

Commitments

In addition to the future lease commitments discussed in Note 8, the USPTO is obligated for the purchase of goods and services that have been ordered, but not yet received. Total undelivered orders for all of the USPTO’s activities were $341,794 thousand and $383,106 thousand as of September 30, 2008 and 2007, respectively. Of these amounts, $333,805 thousand and $376,973 thousand, respectively, were unpaid.

Contingencies

The USPTO is a party to various routine administrative proceedings, legal actions, and claims brought by or against it, including threatened or pending litigation involving labor relations claims, some of which may ultimately result in settlements or decisions against the Federal Government.

As of September 30, 2008, management expects it is reasonably possible that approximately $78,200 thousand may be owed for awards or damages involving labor relations claims. As of September 30, 2007, management expects it is reasonably possible that approximately $74,352 thousand may be owed for awards or damages involving labor relations claims.

The USPTO is subject to suits where adverse outcomes are probable and claims are $1,400 thousand and $652 thousand as of September 30, 2008 and 2007, respectively.

For the years ended September 30, 2008 and 2007, there were no payments made on behalf of the USPTO from the Judgment Fund. However, the USPTO was required to make two payments totaling $45 thousand and one payment totaling $5 thousand to the Judgment Fund for the years ended September 30, 2008 and 2007, respectively.

An investigation is currently underway into the validity of certain refund transactions processed in previous fiscal years. If any refund transactions are determined to have been invalid, the USPTO will be liable to replenish the appropriate accounts. Since the validity of these refund transactions is unknown at this time, the ultimate liability of the USPTO is unknown. However, the amount is reasonably expected not to be material to the September 30, 2008 and 2007 financial statements.

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