USPTO Fee Diversion Is Constitutional, Court Rules

Law360, New York (August 18, 2005, 12:00 AM EDT) -- A federal court has rejected a constitutional challenge to the practice of diverting fee revenues from the U.S. Patent and Trademark Office to other government programs.

Plaintiffs Heath Hoglund and Robert Rines claimed that Congress acted unconstitutionally when it increased and diverted patent filing fees to other government agencies. They filed a class action complaint with the U.S. Court of Federal Claims requesting an end what they call a “special tax against inventors.”

The pair argues that Congress' power to enact patent fees is limited by...
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