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B-329591 1 (2017-11-29)

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G     A     O      U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-329591



November 29, 2017

The Honorable Chuck Grassley
Chairman
The Honorable Dianne Feinstein
Ranking Member
Committee on the Judiciary
United States Senate

The Honorable Bob Goodlatte
Chairman
The Honorable Jerrold Nadler
Interim Ranking Member
Committee on the Judiciary
House of Representatives

Subject: Department of Commerce, Patent and Trademark Office: Setting and Adjusting
        Patent Fees During Fiscal Year 2017

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a
major rule promulgated by the Department of Commerce, U.S. Patent and Trademark
Office (USPTO) entitled Setting and Adjusting Patent Fees During Fiscal Year 2017
(RIN: 0651 -AD02). We received the rule on November 6, 2017. It was published in the
Federal Register as a final rule on November 14, 2017, with an effective date of
January 16, 2018. 82 Fed. Reg. 52,780.

The final rule sets or adjusts patent fees as authorized by the Leahy-Smith America
Invents Act. USPTO stated that the fees will provide USPTO with a sufficient amount of
aggregate revenue to recover its aggregate cost of patent operations (based on current
operations), while maintaining momentum towards achieving strategic goals.

Enclosed is our assessment of USPTO's compliance with the procedural steps required
by section 801 (a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review of
the procedural steps taken indicates that USPTO complied with the applicable
requirements.

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