“Financial Independence For The Patent Office”

August 3, 2011

Both houses of Congress have passed similar bills reforming the patent laws, but a crucial issue between the House and Senate versions relates to "fee diversion" from the United States Patent Office (PTO). Robert M. Gerstein discusses the benefits of allowing the PTO to retain all of the fees it collects in an article entitled, "Financial Independence For The Patent Office," appearing in IPLaw360, a national newswire for business lawyers.

In the article, Mr. Gerstein argues that diverting fees collected by the PTO to other government agencies is harmful to the patent system and ultimately damages the US economy. Allowing the PTO to keep the fees it collects will permit better and faster examination of patent applications. New businesses that need patent protection will be able to grow and generate jobs more quickly if the PTO can issue their patents more quickly. Firms concerned with charges of infringement from patents that should not have been granted, would benefit if the PTO’s fees are put toward better examination rather than diverted to other parts of the government.

For clients in a wide range of industries, Robert M. Gerstein counsels on all aspects of intellectual property, negotiates patent and trademark agreements and provides legal opinions. Building on over 20 years of experience, he treats each client individually, delving into their business and culture to provide advice that is not only the most legally advantageous for the client, but is also practical and economical.

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