The other patent reform bill introduced last week - return of anti-fee diversion in the House

Posted by J. Matthew Buchanan

June 13, 2005

The much anticipated Patent Act of 2005 was finally introduced last week. Another patent bill, indeed another patent reform bill, was also introduced last week. The Patent and Trademark Fee Modernization Act (PTFMA) of 2005 (HR 2791) was introduced on the same day as the Patent Act of 2005 (HR 2795).

View and/or download a .pdf of HR 2791 here.

PTFMA 2005 is, in essence, PTFMA 2004 (HR 1561), which was gutted of its anti-fee diversion language and rolled into the ombnibus appropriations bill last year. PTFMA 2005 includes the anti-fee diversion language and repeals the fee provisions of the omnibus bill. Similar to HR 1561, the new bill sets up a reserve fund for PTO fee collections that exceed appropriated amounts and allows the director to issue refunds to those who paid fees to the Office during the year.

Representatives Smith and Berman are both listed as sponsors of HR 2791.

Adequacy of PTO funding levels is viewed by all involved in the patent reform movement as critical to the success of any reforms that are eventually enacted. Its not likely to be a coincindence that HR 2791 was introduced on the same day as HR 2795.

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