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B-332400 1 (2020-08-27)

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


B-332400


August 27, 2020

The Honorable Lindsey Graham
Chairman
The Honorable Dianne Feinstein
Ranking Member
Committee on the Judiciary
United States Senate

The Honorable Jerrold Nadler
Chairman
The Honorable Jim Jordan
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 2020

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, Patent and Trademark Office
(USPTO) entitled Setting and Adjusting Patent Fees During Fiscal Year 2020 (RIN:
0651 -AD31). We received the rule on July 28, 2020. It was published in the Federal
Register as a final rule on August 3, 2020. 85 Fed. Reg. 46932. The effective date of
the rule is October 2, 2020, except that the effective date of amendments to one
particular provision is January 1, 2022.

According to USPTO, this final rule adjusts fees to provide USPTO a sufficient amount
of aggregate revenue to recover the aggregate cost of patent operations in future years.
USPTO also stated that the rule allows USPTO to continue progress toward achieving
its strategic goals.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a
major rule from the date of publication in the Federal Register or receipt of the rule by
Congress, whichever is later. 5 U.S.C. § 801 (a)(3)(A). This final rule was published in
the Federal Register on August 3, 2020. 85 Fed. Reg. 46932. The rule was received
by the Senate on July 31, 2020. 166 Cong. Rec. S4727 (daily ed. Aug. 4, 2020). The
rule was received by the House of Representatives on August 18, 2020. 166 Cong.
Rec. H4303 (daily ed. Aug. 25, 2020). The rule has a stated effective date of October 2,
2020, except that the effective date of amendments to one particular provision is

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