Fee-setting bill could delay patent reform
20 May 2010
Eileen McDermott, New York
US House of Representatives Judiciary Committee chairman John Conyers and ranking member Lamar Smith have introduced a bill to transfer fee-setting authority from Congress to the USPTO director
Patent and trade mark fees are presently set by statute, with the director authorised to adjust the fees under certain circumstances.
The bill was introduced Wednesday, after reports that a separate bill dealing with fee-setting authority (which had not yet been introduced on the floor) had been withdrawn.
The key difference in the latest bill –the Patent and Trademark Office Funding Stabilization Act of 2010 – is that it includes a provision to end Congress’ ability to divert user fees above the appropriated amount. 
In a statement, Conyers said that the initial bill was withdrawn because, “upon reflection, it has become evident that fee setting authority, fee diversion, and a temporary surcharge are interrelated”.
The bill would authorise an immediate 15% surcharge on user fees for the Office, require that the USPTO director provide an annual report to Congress detailing the Office’s fiscal performance for the...
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