Access practice tools, as well as industry leading news, customizable alerts, dockets, and primary content, including a comprehensive collection of case law, dockets, and regulations. Leverage...
The agreement between Republicans and Democrats that averted a government shutdown provides for a $2.09 billion budget for the Patent and Trademark Office for the fiscal year ending Sept. 30.
Though that figure is well below the $2.322 billion the agency requested, the appropriation would not authorize the 15 percent surcharge on most fees that the PTO sought and that would have generated $224 million in fiscal year 2011. The $2.09 figure, then, is actually only $8 million short of the non-surcharge figures originally projected.
On the other hand, in FY 2010, the PTO collected $2.068 billion in application and maintenance fees for patents and trademarks, so the FY 2011 appropriation represents only a modest one percent increase.
Indeed, a BNA source at the PTO, speaking on background, said that the agency is currently projecting $2.2 billion in FY 2011 fee collections. While that year-to-year increase of six percent may be good news showing the health of the U.S. economy, it means that appropriators in Congress will divert $110 million to other governmental uses unless additional legislation gives that money back to the PTO.
The American Intellectual Property Law Association issued a press release summarizing letters it sent to House and Senate leaders April 12 that “expressed deep concern about the serious shortfall in the current legislation to fund the U.S. Patent and Trademark Office.”
Noting the prospect of diversion of the additional funds collected, the AIPLA complained that “the bill lacks the appropriations 'buffer' language included in previous bills to ensure that the Office may utilize the fee revenue that exceeds the original projected collections for the fiscal year.” The “buffer” typically included in appropriations in the past has been $100 million or more.
The Intellectual Property Owners Association published a story on its website making the same point about the absence of a buffer in the legislation. The IPO's Executive Director Herbert C. Wamsley called the outcome “extremely disappointing” and said the organization is “continuing to urge more funding for the USPTO.”
By Tony Dutra
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)