Friday, February 10, 2012

House Judiciary Leaders Offer Revised Fee-Setting Bill

May 18, 2010

House Judiciary Chairman John Conyers, D-Mich., and Judiciary ranking member Lamar Smith, R-Texas, announced Tuesday they are introducing a revised bill that would give the Patent and Trademark Office authority to set its own fees while including language barring the diversion of agency funds for other government programs, CongressDaily reported.

A narrower measure that would only give the PTO fee-setting authority was expected to be considered by the House Tuesday under the suspension calendar. It was pulled after several industry groups opposed it on grounds it did not include a provision that would bar such a diversion of funds.

In addition to giving the PTO overall fee-setting authority, the new bill would give the agency authority to impose a 15 percent temporary surcharge for all of its fees and prevent PTO funds from being diverted from the agency for unrelated government programs.

Several groups, including the Pharmaceutical Research and Manufacturers of America, American Intellectual Property Law Association and the Coalition for 21st Century Patent Reform, which includes such companies as General Electric, Texas Instruments and 3M, voiced opposition to the original bill because it did not include the ban on fee diversion.

All three groups back a broader compromise Senate overhaul bill, which includes the PTO fee-setting language. To read more, click here. (Subscription required).

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Juliana Gruenwald

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Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


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Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.