Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[eric stasik]

Most significant item of note is that the unfortunate diversion of PTO funds to other government programs will continue.

I am a bit dubious about the shibboleth of "diverted funds."

I don't know the breakdown in percentages, but by far the largest fees paid over the lifetime of a patent are the maintenence fees for which the USPTO acts as nothing more than a collection agency.
$900—due 3 years and 6 months after grant.

$2,300—due 7 years and 6 months after grant.

$3,800—due 11 years and 6 months after grant.

I guess I don't see these as "PTO funds," but rather as fees paid to the public to keep the patent in force and to discourage unused patents from lingering. That these monies go into the general coffers seems perfectly reasonable to me.

I am of the opinion that if the PTO needs more money for examination then the application fees should be increased to reflect this. Increased fees may decrease the number of new applications and this would lessen the burden on the corps of examiners.

The maintenence fees should not be used to underwrite examination costs, but rather used by Congress as a means to modulate the patent term. For certain classes of patents where a 20 year term may be more of a burden to society than a benefit, a special fee structure could be created.

Lumping all the fees together as "PTO funds" would lessen the possibility that individual fees could be tailored to meet certain goals.

Regards,

eric stasik