NOTE 5. Liabilities

The USPTO records liabilities for amounts that are likely to be paid as the direct result of events that have already occurred. The USPTO considers liabilities covered by three types of resources: realized budgetary resources; unrealized budgetary resources that become available without further Congressional action; and cash and Fund Balance with Treasury. Realized budgetary resources include obligated balances funding existing liabilities and unobligated balances as of September 30, 2006. Unrealized budgetary resources are amounts that were not available for spending through September 30, 2006, but become available for spending on October 1, 2006 once apportioned by the OMB. In addition, cash and Fund Balance with Treasury cover liabilities that will never require the use of a budgetary resource. These liabilities consist of deposit accounts, refunds payable to customers for fee overpayments, undeposited collections, and amounts collected by the USPTO on behalf of other organizations.

Liabilities not covered by budgetary resources include Accounts Payable, Accrued Post-employment Compensation, Accrued Payroll and Benefits, Accrued Leave, Deferred Revenue, Actuarial Liability, and Contingent Liability. Although future appropriations to fund these liabilities are probable and anticipated, Congressional action is needed before budgetary resources can be provided.

As of September 30, 2006 and 2005, liabilities covered and not covered by budgetary resources were as follows:

USPTO Liabilities as of September 30, 2006 and 2005 (Dollars in Thousands)   2006 2005 Liabilities Covered by Resources     Intragovernmental:     Accounts Payable $    9,799 $    2,797 Accrued Payroll and Benefits      6,174      5,409 Customer Deposit Accounts      4,498      4,230 Total Intragovernmental     20,471     12,436 Accounts Payable     92,101     96,487 Accrued Payroll and Benefits     27,798     24,862 Customer Deposit Accounts     79,309     69,844 Patent Cooperation Treaty Account       8,746        9,035  Madrid Protocol Account        279        334 Deferred Revenue      11,962       13,812  Total Liabilities Covered by Resources $  240,666 $  226,810 Liabilities Not Covered by Resources     Intragovernmental:     Accounts Payable  $    2,366   $    2,366  Accrued Post-employment Compensation      1,563      1,367 Total Intragovernmental      3,929      3,733 Accounts Payable        124        120 Accrued Payroll and Benefits     23,584     21,359 Accrued Leave     43,812     39,097 Deferred Revenue    762,463    692,922 Actuarial Liability      7,470      7,278 Contingent Liability        250          — Total Liabilities Not Covered by Resources $  841,632 $  764,509 Total Liabilities $1,082,298 $  991,319

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