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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
Management's Discussion and Analysis

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

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. The budgetary resources available for spending do not include amounts that were not available through September 30, 2008, but will become available for spending on October 1, 2008 once apportioned by the OMB.

Budgetary Resources Available for Spending
Resources FY 2005 FY 2006 FY 2007 FY 2008
Budgetary Resources Available for Spending
(dollars in millions)
$1,511.1 $1,680.1 $1,794.5 $1,916.6
Percentage Change    22.3%    11.2%     6.8%     6.8%
Patent Examiners   4,177   4,779   5,477   6,099
Percentage Change    13.5%    14.4%    14.6%    11.4%
Trademark Examining Attorneys     357     413     404     391
Percentage Change    24.8%    15.7%    (2.2)%    (3.2)%

As presented from the Resources table below, total budgetary resources available for spending increased with a 6.8 percent change and a 26.8 percent increase over the past three fiscal years. The increase in available budgetary resources was 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
Filings FY 2005 FY 2006 FY 2007 FY 2008
Patent Filings 409,532 445,613 468,330 495,095Read Footnote 11
Percentage Change    8.1%    8.8%    5.1%    5.7%
Trademark Filings 323,501 354,775 394,368 401,392
Percentage Change    8.4%    9.7%   11.2%   1.8%
1. Preliminary data. (back to text)

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 2007-2012 Strategic Plan and the PMA.

The USPTO fee collections did not exceed the fee appropriation of $1,915.5 million during FY 2008, and during FY 2008 the USPTO collected $1,879.3 million of fees. The USPTO did not meet the planned fee collections primarily due to a decrease in the expected number of claims being filed per application and less issue fee collections due to focusing resources on reducing patent allowance error rates. Although less than planned, the FY 2008 fee collections increased 5.4 percent over FY 2007 collections of $1,783.2 million, all of which was appropriated. This increase in collections is due to an increase in patent and trademark application filings, as well as an increase in maintenance fees received.

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 2008, the USPTO did not collect any fee collections that were designated as temporarily unavailable. As a result, the $528.7 million in temporarily unavailable fee collections at the end of FY 2007 remained the same through FY 2008.

Temporary Unavailable Fee Collections
(Dollars in Millions)
  FY 2005 FY 2006 FY 2007 FY 2008
Fiscal year fee collections $ 1,497.2  $ 1,657.6  $ 1,783.2  $ 1,879.3 
Fiscal year collections appropriated  (1,497.2)  (1,657.6)  (1,771.0)  (1,879.3)
Reductions - Rescissions         - 
single underline
        - 
single underline
        - 
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        - 
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Fiscal year unavailable collections $       -  $       -  $    12.2  $       - 
Prior year unavailable collections     516.5 
single underline
    516.5 
single underline
    516.5 
single underline
    528.7 
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Cumulative temporarily unavailable fee collections $   516.5 
double underline
$   516.5 
double underline
$   528.7 
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$   528.7 
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The above chart illustrates amounts that Congress has appropriated to the USPTO over the past four fiscal years, as well as the cumulative unavailable fee collections.

In addition to these annual restrictions, collections of $233.5 million are unavailable in accordance with the OBRA of 1990, and deposited in a special fund receipt account at the U.S. Department of the Treasury.

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