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GAO-13-329R 1 (2013-02-04)

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        Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-324336


          February 4, 2013

          The Honorable Patrick J. Leahy
          Chairman
          The Honorable Chuck Grassley
          Ranking Member
          Committee on the Judiciary
          United States Senate

          The Honorable Bob Goodlatte
          Chairman
          The Honorable John Conyers, Jr.
          Ranking Member
          Committee on the Judiciary
          House of Representatives

          Subject: Department of Commerce, Patent and Trademark Office: Setting and
                  Adjusting Patent Fees

          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 (PTO), entitled Setting and Adjusting Patent Fees (RIN: 0651-AC54). We
          received the rule on January 11, 2013. It was published in the Federal Register as a
          final rule on January 18, 2013. 78 Fed. Reg. 4212.

          The final rule sets or adjusts patent fees as authorized by the Leahy-Smith America
          Invents Act (AIA). The fees will provide PTO with a sufficient amount of aggregate
          revenue to recover its aggregate cost of patent operations, while helping PTO
          implement a sustainable funding model, reduce the current patent application
          backlog, decrease patent application pendency, improve patent quality, and upgrade
          PTO's patent business information technology (IT) capability and infrastructure. The
          fees also will further key policy considerations. The final rule also reduces fees for
          micro entities under section 10(b) of the Act by 75 percent in this rulemaking and
          extends the existing fee discount of 50 percent for small entities to additional fees in
          this rulemaking.

          This rule is effective on March 19, 2013, except for amendments to § 1.1 8(a)(1),
          (b)(1), (c)(1), and (d)(1) (patent issue and publication fees); § 1.21 (h)(1) (fee for
          recording a patent assignment electronically); § 1.482(a)(1 )(i)(A), (a)(1)(ii)(A), and


GAO-13-329R

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