Tag Archives: Fee Diversion

Patent Office Funded Through Fiscal Year 2012

With last week’s passage of the Consolidated and Further Continuing Appropriations Act (H.R. 2112), the USPTO finally has its spending authority set through the end of the current fiscal year, September 30, 2012. The bottom line is that the USPTO can spend up to $2.7 billion, assuming it collects that much in “fees and surcharges.”… Continue reading this entry

File Electronically To Avoid "Tax" On U.S. Patent Applications

The America Invents Act included two separate fee provisions with early effective dates. A 15% surcharge on many USPTO fees took effect on September 26, 2011. Next, a surcharge on patent applications that are not filed electronically will take effect on November 15, 2011.… Continue reading this entry

USPTO Fee Diversion Escalates With Higher User Fees

One of the first provisions of the Leahy-Smith America Invents Act to take effect was the 15% surcharge on most USPTO user fees that the USPTO started collecting on September 26, 2011. As I wrote previously, the USPTO has not been able to spend any of the extra fees collected in the last few days … Continue reading this entry

Patent Reform--A Tax On Innovation?

The enactment of the Leahy-Smith America Invents Act on September 16, 2011 means that a 15% surcharge on most patent office fees will take effect on September 26, 2011. (The USPTO has published the new fee schedule on its Leahy-Smith America Invents Act Implementation website). But, with no new appropriations, the USPTO will not be permitted … Continue reading this entry

How Will Patent Reform Solve The USPTO Backlog?

Last week, The Kojo Nnamdi Show on Washington, D.C. public radio station WAMU had two programs about patent reform. On Tuesday, there was a panel discussion on “Innovation and Patent Reform.” On Wednesday, Kojo talked with USPTO Director David Kappos about “Updating the U.S. Patent Office.” While I usually cringe when mainstream media discusses patent issues, … Continue reading this entry

Patent Reform Clears Another Hurdle

It is getting harder and harder for me to not pay attention to patent reform: Yesterday, tthe House approved its version of Patent Reform (H.R. 1249, the America Invents Act).   The next step is to reconcile the differences with the Senate version approved in March (S. 23). Perhaps the most significant difference relates to USPTO … Continue reading this entry

USPTO Budget Cuts Halt Track I & Other USPTO Initiatives

On April 22, 2011, USPTO Director Kappos announced the impact of the budget reductions embodied in the fiscal year 2011 budget that finally was enacted on April 15, 2011. (Fiscal year 2011 runs through September 30, 2011). The budget gives the USPTO the authority to spend only $2.09 billion, which is about $100 million less … Continue reading this entry

The Washington Post Muddies The Waters On Patent Reform

Now that the Senate is set to vote on the Patent Reform Act of 2011 this week, the mainstream media is weighing in on the issues. This Saturday, The Washington Post published an editorial in support of patent reform, (“Why The patent process should be overhauled,” Feb. 26, 2011) but it butchered the background facts … Continue reading this entry

Stop Robbing Peter Patent to Pay Paul Public

As Congress continues to debate the federal budget, patent stakeholders are justifiably concerned that Direct Kappos’ efforts to improve the U.S. patent examination process, enhance patent quality, and reduce the backlog of unexamined applications will be thwarted by inadequate funding. Indeed, if Congress continues to divert hundreds of millions of the USPTO’s user fees to … Continue reading this entry

Fee-Based Fast-Track Examination On The Horizon?

The USPTO has issued a proposed rulemaking supporting its plans to implement "Track I" of the three track examination program announced last year. According to the announcement, the USPTO is still considering public comments on other aspects of the program, but wants to move forward with Track I because "the vast majority of public input was supportive." … Continue reading this entry

USPTO Gets $129M For Back-To-School Shopping

In a blog post published August 2, 2010, Director Kappos announced the passage of legislation that will give the USPTO the authority to spend an additional $129 million in the current fiscal year, which ends September 30, 2010. The USPTO plans to spend this money on the following priorities, which correspond to key items from its … Continue reading this entry