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IP Law Update: 02-04-04

President's Budget Request for PTO Rejects Fee Diversion

In a major victory for the intellectual property community, President Bush on February 2 sent a budget recommendation to Congress that calls for no diversion of PTO user fee revenue in the fiscal year beginning October 1, 2004. The Administration's proposal calls for a two-step funding process for the Office: one for funding in the absence of enactment of fee increases, and one for funding if a new fee bill is enacted.

In the absence of fee increases, the proposal anticipates that the Office will collect $1,314,653,000 in FY 05, all of which would be made available to the Office. This represents an increase of $92 million over funding for the current year.

If the fee bill currently under consideration in the Congress is enacted, the Administration anticipates that an additional $219 million will be collected. All of this amount would be made available to the Office, for a total of $1,533,000,000.

These recommendations are course subject to congressional approval, but the Administration’s support for ending diversion is an important first step.

Hayden Gregory
Legislative Consultant
ABA-IPL Section
740 15th NW
Washington, DC 20005-1009
Tel: 202 662-1772
Fax: 202 662-1762
e-mail:

This is your copy of the Legislative Newsletter, sent to you by the ABA Section of Intellectual Property Law, as legislative news develops. This Newsletter is available to any member of the IPL Section.

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