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Collage showing images with one-word descriptors from the U S P T O Fiscal Year 2007 Performance and Accountability Report cover that reinforces the report's tagline of Transforming for the Future Today.
Performance and Accountability Report Fiscal Year 2007
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 of change. The budgetary resources available for spending do not include amounts that were not available through September 30, 2007, but will become available for spending on October 1, 2007 once apportioned by the OMB.

Budgetary Resources Available for Spending
Resources FY 2004 FY 2005 FY 2006 FY 2007
Budgetary Resources Available for Spending
(dollars in millions)
$1,235.2 $1,511.1 $1,680.1 $1,794.5
Percentage Change     3.5%    22.3%    11.2%     6.8%
Patent Examiners   3,681   4,177   4,779   5,477
Percentage Change     2.8%    13.5%    14.4%    14.6%
Trademark Examining Attorneys     286     357     413     404
Percentage Change    11.7%    24.8%    15.7%    (2.2)%

As evident from the table above, total budgetary resources available for spending increased in FY 2007, a 6.8 percent increase over the prior fiscal year and a 45.3 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 2004 FY 2005 FY 2006 FY 2007
Patent Filings 378,984 409,532 445,613 467,243Read Table Footnote 11
Percentage Change    6.6%    8.1%    8.8%    4.9%
Trademark Filings 298,489 323,501 354,775 394,368
Percentage Change   11.7%    8.4%    9.7%   11.2%
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 exceeded the estimated collections of $1,771.0 million during FY 2007; therefore, the USPTO was able to spend up to $1,771.0 million of fees collected during the year. The FY 2007 fee collections of $1,783.2 million increased 7.6 percent over FY 2006 collections of $1,657.6 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 initial fee estimates are lower than actual collections. During FY 2007, the USPTO collected $12.2 million in fee collections that were designated as temporarily unavailable. As a result, the $516.5 million in temporarily unavailable fee collections at the end of FY 2004 increased to $528.7 million at the end of FY 2007.

The chart below illustrates amounts that Congress has appropriated to the USPTO over the past four fiscal years, as well as the cumulative unavailable fee collections.

Temporary Unavailable Fee Collections
(Dollars in Millions)
  FY 2004 FY 2005 FY 2006 FY 2007
Fiscal year fee collections $ 1,321.0  $ 1,497.2  $ 1,657.6  $ 1,783.2 
Fiscal year collections appropriated  (1,222.5)  (1,497.2)  (1,657.6)  (1,771.0)
Reductions - Rescissions      77.0 
single underline
        - 
single underline
        - 
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        - 
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Fiscal year unavailable collections $   175.5  $       -  $       -  $    12.2 
Prior year unavailable collections     341.0 
single underline
    516.5 
single underline
    516.5 
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    516.5 
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Cumulative temporarily unavailable fee collections $   516.5 
double underline
$   516.5 
double underline
$   516.5 
double underline
$   528.7 
double underline

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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