To authorize the Director of the United States Patent and Trademark Office to use funds made available under the Trademark Act of 1946 for patent operations in order to avoid furloughs and reductions-in-force, and for other purposes.

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Authorizes the Director of the United States Patent and Trademark Office (USPTO) to use funds made available for FY2009 under the Omnibus Appropriations Act, 2009 to support the processing of patents and other activities, services, and materials relating to patents, notwithstanding provisions restricting the use of such fees to activities relating trademark registrations, provided the Director certifies to Congress that the use of such funds is reasonably necessary to avoid USPTO furloughs or a reduction-in-force, or both, and does not create a substantial risk of a furlough or reduction-in-force of personnel working in the Trademark Operation of the USPTO.

Requires the Director, on the exercise of that authority and notwithstanding any other law, to establish a surcharge on patent fees to repay any funds drawn down.

Terminates such authority on June 30, 2010. Requires: (1) the surcharge to begin no later than September 30, 2011; and (2) the funds so used to be repaid to trademark operations not later than September 30, 2014.