Lawsuit Seeks To Stop USPTO Fee Diversion

Law360, New York (May 16, 2005, 12:00 AM EDT) -- A federal claims court heard oral arguments Friday in a lawsuit that challenges the government’s constitutional right to divert funds collected by the U.S. Patent and Trademark Office to other programs.

Plaintiffs Heath Hoglund and Robert Rines claim that Congress acted unconstitutionally when it increased and diverted patent filing fees to other government agencies. They have 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...
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