Comprehensive Patent Reform Stalled; USPTO Fee -Setting Provisions to be Passed Tomorrow
Patent reform has stalled yet again in Congress; House Judiciary Chairman John Conyers Jr. recently remarked “we’re intransigent now. We seem to be stuck.” Accordingly, The House is scheduled to vote on a bill tomorrow that would give the USPTO new authority to set or adjust patent and trademark fees. The measure will be considered under suspension of the rules, an expedited process that requires a two-thirds majority for passage.
Read CQ Politics: "With Overhaul of Patent Law Stalled, House To Consider Narrower Bill" (link)
On Tuesday, the House will meet at 12:30 p.m. for Morning Hour and 2:00 p.m. for legislative business with votes postponed until 6:30 p.m.. The "Patent and Trademark Office Fee Modernization Act of 2010" is one of 18 bills scheduled for a vote under suspended rules (see more here)
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Thank you for the update Peter--I thought there was an announcement of a compromise bill earlier but things have changed again. I appreciate your most recent information!
Well, here we are again. Though it's no surprise, it will certainly disappoint many parties if a comprehensive bill doesn't make it through Congress. Nonetheless, short-term fee-setting authority is nothing to sneeze at, and is badly needed under current circumstances. Patent law can only benefit from a cash infusion at the USPTO.
Without the provision that stops fee diversion, giving the Office the power to set fees will at best be a tax on innovation. There will be no guarantee that the reason for the increased fees will actually be what those fees get put to.
Having S.515 and so-called oxymoronic "patent law reform" stall isn't bad thing in my opinion.
I agree with Anonymous fee diversion is the bigger issue.
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