By: Mark R. Malek
In a press release issued by the USPTO yesterday, Director David Kappos announced President Obama’s 2012 budget request for the USPTO. The 2012 budget includes a $2.71 Billion request for the USPTO.
Let’s analyze that “request” for a moment. In the same press release, we learned that the USPTO anticipates collecting $2.71 Billion in fees in 2012. What a coincidence! This is probably good news and bad news. The good news is that if the USPTO hits its mark of $2.71 Billion in collected fees, it will be able to keep it all, i.e., no fee diversion. I’ll present what I believe to be the bad news in the form of a question – what happens if the USPTO exceeds the anticipated $2.71 Billion mark in collected fees? Does the USPTO get to keep it? I suspect not!
Here is what I anticipate to be the worse news. What happens if the USPTO does not meet the goal of $2.71 Billion in collected fees? Does the Federal Printing Press simply make up the difference? Trying to figure out what goes on in the mind of the budget planners is apparently out of my league. I welcome any comments by our readers to try to shed some light on the subject.